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09.21.26 Council Packet
CITY OF FARMINGTON - - - - � �00 ��MiNM[SOTq Meeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, September 21, 2026 7:00 PM Page 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 0111IIIIIIIIIIIIIII �_1►1►[oil]►us] aI&Ia1►11116y00]►TAI► Ia1101o7_VA III to] 6 6. CONSENT AGENDA 6.1. Election Judge Appointments for the 2026 Election Cycle 4-6 Agenda Item: Election Judge Appointments for the 2026 Election Cycle - Pdf 6.2. Minutes of the August 31, 2026 Special City Council Work Session - 7-9 Closed Session to Consider Offers Agenda Item: Minutes of the August 31, 2026 Special City Council Work Session - Closed Session to Consider Offers - Pdf 6.3. Minutes of the August 31, 2026 Special City Council Work Session - 10 - 12 Closed Session Agenda Item: Minutes of the August 31, 2026 Special City Council Work Session - Closed Session - Pdf 6.4. Minutes of the September 8, 2026 City Council Work Session 13 - 17 Agenda Item: Minutes of the September 8, 2026 City Council Work Session - Pdf 6.5. Minutes of the September 8, 2026 Regular City Council Meeting 18 - 23 Agenda Item: Minutes of the September 8, 2026 Regular City Council Meeting - Pdf 6.6. Minutes of the September 8, 2026 Special City Council Work Session - 24 - 26 Closed Session Page 1 of 403 7 Agenda Item: Minutes of the September 8, 2026 Special City Council Work Session - Closed Session - Pdf 6.7. Temporary On -Sale Liquor License for The Church of St. Michael 27 - 28 February 5, 2027 Agenda Item: Temporary On -Sale Liquor License for The Church of St. Michael February 5, 2027 - Pdf 6.8. Extend Date and Term of Professional Services Agreement with HKGi 29 - 43 for Planning Services to Update the Zoning Ordinance. Agenda Item: Extend Date and Term of Professional Services Agreement with HKGi for Planning Services to Update the Zoning Ordinance. - Pdf 6.9. Authorizing the Transfer of Unused 2022 Bond Funds and Amending the 44 - 47 Budget Agenda Item: Authorizing the Transfer of Unused 2022 Bond Funds and Amending the Budget - Pdf 6.10. Payment of Claims 48 - 49 Agenda Item: Payment of Claims - Pdf Payment of Claims 6.11. Staff Approvals and Recommendations 50 Agenda Item: Staff Approvals and Recommendations - Pdf 6.12. Donation from Darin Pettisi to the Rambling River Center 51 - 52 Agenda Item: Donation from Darin Pettisi to the Rambling River Center - Pdf 6.13. Donation from Nancy Bohn to the Rambling River Center 53 - 54 Agenda Item: Donation from Nancy Bohn to the Rambling River Center - Pdf 6.14. Devonshire Avenue & 206th Street Pond Maintenance - Change Order 1 55 - 60 and Final Payment Agenda Item: Devonshire Avenue & 206th Street Pond Maintenance - Change Order 1 and Final Payment - Pdf 6.15. Receive Quotes and Award a Contract for the 2026 ReLeaf Community 61 - 81 Forestry Grant Ash Tree & Stump Removal Agenda Item: Receive Quotes and Award a Contract for the 2026 ReLeaf Community Forestry Grant Ash Tree & Stump Removal - Pdf PUBLIC HEARINGS AWARD OF CONTRACT 8.1. Contract with Kraus -Anderson Construction for Construction Manager at 82 - 155 Risk Services Approve the AIA Owner/Construction Manager as Constructor Page 2 of 403 Agreement between the City of Farmington and Kraus -Anderson Construction Company for Construction Manager at Risk services for the Police Department Remodel & Expansion Project and authorize the Mayor and City Clerk to execute the agreement. Agenda Item: Contract with Kraus -Anderson Construction for Construction Manaaer at Risk Services - Pdf 9. PETITIONS, REQUESTS AND COMMUNICATIONS 9.1. Adopt Ordinances 2026-007 and 2026-008, Amending Title 10 of the 156 - 397 Farmington City Code as they relate to the Zoning Ordinance and Adopting a new Zoning District Map By separate motion, approve the following ordinances: 1. Ordinance 2026-007, and summary ordinance, amending Title 10 of the Farmington City Code, the Zoning Ordinance. 2. Ordinance 2026-008 amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, adopting a new official zoning district map. Agenda Item: Adopt Ordinances 2026-007 and 2026-008, Amending Title 10 of the Farmington City Code as they relate to the Zoning Ordinance and Adoatina - Pdf 10. UNFINISHED BUSINESS 11. NEW BUSINESS 11.1. Preliminary 2027 General Fund Budget and Tax Levy 398 - 403 Staff recommends that the City Council approve Resolution 2026-076 Adopting the Preliminary 2027 Budget and Setting the Preliminary Tax Levy Collectible in 2027. Set the public input meeting for the final 2027 budget and tax levy to be held on Monday, December 7, 2026, at 7:00 pm. Agenda Item: Preliminary 2027 General Fund Budget and Tax Levy - Pdf 12. CITIZENS COMMENTS / RESPONSES TO COMMENTS (This time is reserved for citizen comments regarding non -agenda items. No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 3 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Melissa Geis, City Clerk Department: Administration Subject: Election Judge Appointments for the 2026 Election Cycle Meeting: Regular Council - Sep 21 2026 INTRODUCTION: For Council approval is a resolution appointing Election Judges for the November 3, 2026 General Election. DISCUSSION: Pursuant to Minnesota Statutes 20413.21, Election Judges for precincts in a municipality shall be appointed by the governing body of the municipality. The persons named in the attached resolution will receive training and certification to serve as Election Judge, Health Care Facility Absentee Judge, Head Judge, and Election Assistant for the 2026 elections to be held in the City of Farmington which include: General Election: November 3, 2026 BUDGET IMPACT: Costs are included in the City's 2026 Elections budget. ACTION REQUESTED: Adopt Resolution 2026-074 Appointing Election Judges the November 3, 2026 General Election. ATTACHMENTS: 2026-074 Appointing Additional Election Judges for the 2026 Election Cycle Page 4 of 403 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-074 A RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE THE NOVEMBER 3, 2026 GENERAL ELECTION WHEREAS, pursuant to Minnesota Statutes 20413.21, subdivision 2, the City Council must appoint Election Judges to serve in upcoming elections at least 25 days prior to the election, with the exception of appointing additional Election Judges within the 25 days before the election if it is determined that additional Election Judges will be required; and WHEREAS, elections to be held in the City of Farmington, County of Dakota, State of Minnesota, include the General Election scheduled for November 3, 2026. NOW, THEREFORE, BE IT RESOLVED, that the Farmington City Council appoints the persons listed below to varied positions, such as Head Judge, Election Judge, Health Care Facility Absentee Judge, and Election Assistant to serve at any and all elections in the capacity given by the City Clerk and conducted by the City of Farmington, subject to change as needed in order to maintain major political party balance, pursuant to Minnesota Statutes 204B.19, subdivision 5. BE IT FURTHER RESOLVED that the City Clerk is authorized to assign Election Judges to the precincts, in accordance with statutory requirements, and to make substitutions or additions as deemed necessary in order to fill vacancies. Karl Haldorson Shannon Herrera Isaac Hovden Wesley Hyduke Gregory Krause Kevin Lettow Suzanne Ostoff Phuoc Pham Paula Roslansky Keith Simonson Michelle Tisl Cheryl Wald James Walton Julie Westover Portia Wodarz Page 5 of 403 Resolution 2026-074 Page 2 of 2 Adopted by the City Council of the City of Farmington, Minnesota, this 21 st day of September 2026. ATTEST: Nicholas Lien, Mayor Melissa Geis, City Clerk Page 6 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Melissa Geis, City Clerk Department: Administration Subject: Minutes of the August 31, 2026 Special City Council Work Session - Closed Session to Consider Offers Meeting: Regular Council - Sep 21 2026 INTRODUCTION: For approval are the minutes of the August 31, 2026 Special City Council Work Session - Closed Session to Consider Offers ACTION REQUESTED: Approve the minutes of the August 31, 2026 Special City Council Work Session - Closed Session to Consider Offers ATTACHMENTS: 08.31.26 Special Work Session - Closed to Consider Offers Page 7 of 403 City of Farmington City Council Work Session Minutes- Closed Meeting Monday, August 31, 2026 The City Council met in a work session on Monday, August 31, 2026, at Farmington City Hall, 430 Third Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Lien called the meeting to order at 6:00 pm. 2. ROLL CALL Members Present: Mayor Nick Lien Councilmembers Holly Bernatz, Jake Cordes, Steve Wilson and Phil Windschitl Members Absent: None Staff Present: Lynn Gorski, City Administrator David Chanski, Assistant City Administrator Amy Schmidt, City Attorney Deanna Kuennen, Economic & Community Development Director Tony Wippler, Planning Manager John Powell, Public Works Director 3. APPROVE AGENDA Motion was made by Councilmember Wilson and seconded by Councilmember Cordes to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays 4. DISCUSSION ITEMS 4.1 Closed Session to Consider Offers for the Sale of the Real Property in the City of Farmington, Dakota County, Minnesota (PID:14-56801-01- 010), Pursuant to Minnesota Statutes Section 13D.05, Subdivision 3(c) (3) Motion was made by Councilmember Cordes and seconded by Councilmember Bernatz to close the City Council Work Session, Work Session Minutes of August 31, 2026 Page 1 of 2 Page 8 of 403 pursuant to Minnesota Statutes Section 13D.05, Subdivision 3(c) (3), whether to consider offers for the sale of the real property in the City of Farmington, Dakota County, Minnesota (PID:14-56801-01-010) at 6:01 pm. Motion carried: 5 ayes/ 0 nays Motion was made by Councilmember Bernatz and seconded by Councilmember Cordes to reopen the City Council Work Session at 6:12 pm. 5. CITY COUNCIL COMMITTEE UPDATE 6. CITY ADMINISTRATOR UPDATE 7. ADJOURNMENT Motion was made by Councilmember Bernatz and seconded by Councilmember Windschitl to adjourn the meeting at 6:13 pm. Motion carried: 5 ayes/ 0 nays Respectfully submitted, Melissa Geis City Clerk Work Session Minutes of August 31, 2026 Page 2 of 2 Page 9 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Melissa Geis, City Clerk Department: Administration Subject: Minutes of the August 31, 2026 Special City Council Work Session - Closed Session Meeting: Regular Council - Sep 21 2026 INTRODUCTION: For approval are the minutes of the August 31, 2026 Special City Council Work Session - Closed Session ACTION REQUESTED: Approve the minutes of the August 31, 2026 Special City Council Work Session - Closed Session ATTACHMENTS: 08.31.26 Special Work Session - Closed Session Page 10 of 403 City of Farmington City Council Work Session Minutes- Closed Meeting Monday, August 31, 2026 The City Council met in a work session on Monday, August 31, 2026, at Farmington City Hall, 430 Third Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Lien called the meeting to order at 6:30pm. 2. ROLL CALL Members Present: Mayor Nick Lien Councilmembers Holly Bernatz, Jake Cordes, Steve Wilson and Phil Windschitl Members Absent: None Staff Present: Lynn Gorski, City Administrator David Chanski, Assistant City Administrator Amy Schmidt, City Attorney Deanna Kuennen, Economic & Community Development Director Tony Wippler, Planning Manager John Powell, Public Works Director Others Present: Justin Templin, Attorney, Hoff Barry Attorneys 3. APPROVE AGENDA Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays 4. DISCUSSION ITEMS 4.1 Closed Session to Discuss Litigation Court File No. 19HA-CV-25-992 Motion was made by Councilmember Wilson and seconded by Councilmember Windschitl to close the City Council Work Session Work Session Minutes of August 31, 2026 Page 2 of 2 Page 11 of 403 pursuant to Minnesota Statutes Section 13D.05, Subdivision 3(b), for a confidential, attorney -client privileged discussion of litigation regarding Court File No. 19HA-CV-25-992 at 6:31 pm. Motion carried: 5 ayes/ 0 nays Motion was made by Councilmember Windschitl and seconded by Councilmember Bernatz to reopen the City Council Work Session at 7:20 pm. 5. CITY COUNCIL COMMITTEE UPDATE 6. CITY ADMINISTRATOR UPDATE 7. ADJOURNMENT Motion was made by Councilmember Cordes and seconded by Councilmember Windschitl to adjourn the meeting at 7:21 pm. Motion carried: 5 ayes/ 0 nays Respectfully submitted, Melissa Geis City Clerk Work Session Minutes of August 31, 2026 Page 2 of 2 Page 12 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Melissa Geis, City Clerk Department: Administration Subject: Minutes of the September 8, 2026 City Council Work Session Meeting: Regular Council - Sep 21 2026 INTRODUCTION: For approval are the minutes of the September 8, 2026 City Council Work Session. ACTION REQUESTED: Approve the minutes of the September 8, 2026 City Council Work Session. ATTACHMENTS: 09.08.26 Work Session Minutes Page 13 of 403 City of Farmington City Council Work Session Minutes Tuesday, September 8, 2026 The City Council met in a work session on Tuesday, September 8, 2026, at Farmington City Hall, 430 Third Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Lien called the meeting to order at 5:10 pm. 2. ROLL CALL Members Present: Mayor Lien Councilmembers Holly Bernatz, Cordes, Steve Wilson and Phil Windschitl Members Absent: None Staff Present: Lynn Gorski, City Administrator David Chanski, Assistant City Administrator Jeremiah Baumann, Communications & Public Affairs Manager Deanna Kuennen, Economic & Community Development Director Kim Sommerland, Finance Director Matt Price, Fire Chief Kellee Omlid, Parks & Recreation Director Nate Siem, Police Chief John Powell, Public Works Director/City Engineer Melissa Geis, City Clerk Others Present: David Pritzlaff, Resident 3. APPROVE AGENDA Motion was made by Councilmember Bernatz and seconded by Councilmember Cordes to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays Page 1 of 4 Work Session Minutes of September 8, 2026 Page 14 of 403 4. DISCUSSION ITEMS 4.12027 Preliminary Budget Development City Administrator Gorski welcomed everyone and stated they are looking for discussion after the budget presentation. Director Sommerland presented the proposed 2027 Budget and Tax Levy. LEVY & TAX RATE OUTLOOK Potential Impact of Budget Requests Council Work Session, August 3, 2026 i Gross Levy (Certified Levy) $17,248,901 $19,488,577t$22,479,478 15.3% Fiscal Disparity Portion of Levy $2,415,550 $2,648,7118,711 0.0% Net Levy (Paid by Taxpayers) _ $14,833,351 $16,839,8660,767 17.8% Local Taxable Value - 30,962,344 32,617,405,8,267 11.0% Local Tax Rate =1 47.908%1 51.628%1 54.784% LEVY FUNDING ALLOCATION 11 GENERAL FUND $14.8M $16.61A $16.21VI inECONOMIC DEVELOPMENT $0.3M $0.3M $0.3M ® STREET RECONSTRUCTION DEBT (2015A. 2016e, 2022A. 2024A. 2025A) $1.6M $1.6M $1.6M ® TAX ABATEMENT DEBT (2022A, 2024A) $0.3M $0.2M $O.2M ® CAPITAL PROJECT RESERVE $0.6M $0.1M $0.1M Q GENERAL CAPITAL EQUIPMENT $1.1M $1.3M SIAM FACILITIES CAPITAL IMPROVEMENT $0.1M $1.5M S1.5M OFIRE CAPITAL PROJECTS $O.1M $0.1M $O.1M © RECREATION CAPITAL PROJECTS $O.1M $0.1M $O.1M ® TRAIL MAINTENANCE $0.3M $0.2M $0.2M QPAVEMENT MAINTENANCE $0.2M $0.3M $0.3M © EMERALD ASH BORER $O.OM $0.2M MOM Key Investments Proposed - Organizational Capacity ➢ Maintain current service levels ➢ Implement compensation & classification study ➢ Conduct organizational space needs assessment Page 2 of 4 Work Session Minutes of September 8, 2026 Page 15 of 403 • Public Safety Investments ➢ Add public safety personnel ➢ Replace protective ballistic plates and weapons • Facilities ➢ Replace roof at Central Maintenance Facility ➢ Complete major Ice Arena repair ➢ Replace condensing units and furnaces at Fire Station 2 • Infrastructure ➢ Improve trails ➢ Continue street reconstruction and pavement maintenance ➢ Complete park improvements Data Driven Decisions used to guide Staff- • Facility Condition Assessment • Financial Management Plan • Parks Master Plan • Space Needs Study • Compensation and Classification Study • Fleet Ratings • Utility Rate Study • Pavement Condition Index Discussion focused on: • Trail maintenance/grant dollars • Owning vs. Leasing vehicles using Public Safety Aid • Capital Improvement Projects • Staffing needs with PMFLA • Alternative funding sources • Stabilizing levy and long-term funding • Strategic movement of funds to not add to levy (EDA Funding/EAB Funding/Solid Waste Funds remaining) • Updates to fiscal disparities 5. CITY COUNCIL COMMITTEE UPDATE Page 3 of 4 Work Session Minutes of September 8, 2026 Page 16 of 403 6. CITY ADMINISTRATOR UPDATE City Administrator Gorski shared that there is a hearing tomorrow via Zoom at 3:30 pm for Castle Rock Township vs City of Farmington, LLC, MNLCO Farmington Two, LLC, Independent School District 192, Bryce Olson, and Carole Olson 7. ADJOURNMENT Motion was made by Councilmember Windschitl and seconded by Councilmember Cordes to adjourn the meeting at 6:10 pm. Motion carried: 5 ayes/ 0 nays Respectfully submitted, Melissa Geis City Clerk Page 4 of 4 Work Session Minutes of September 8, 2026 Page 17 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Melissa Geis, City Clerk Department: Administration Subject: Minutes of the September 8, 2026 Regular City Council Meeting Meeting: Regular Council - Sep 21 2026 INTRODUCTION: For approval are the minutes of the September 8, 2026 Regular City Council Meeting. ACTION REQUESTED: Approve the minutes of the September 8, 2026 Regular City Council Meeting. ATTACHMENTS: 09.08.26 Council Minutes Page 18 of 403 City of Farmington Regular Council Meeting Minutes Tuesday, September 8, 2026 The City Council met in regular session on Tuesday September 8, 2026, at Farmington City Hall, 430 Third Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Lien called the meeting to order at 7 pm. 2. PLEDGE OF ALLEGIANCE Mayor Lien led everyone in the Pledge of Allegiance. 3. ROLL CALL Members Present: Mayor Lien Councilmembers Holly Bernatz, Jake Cordes, Steve Wilson, and Phil Windschitl Members Absent: None Staff Present: Lynn Gorski, City Administrator David Chanski, Assistant City Administrator Amy Schmidt, City Attorney Jeremiah Baumann, Communications & Public Affairs Manager Deanna Kuennen, Economic & Community Development Director Kim Sommerland, Finance Director Matt Price, Fire Chief Kellee Omlid, Parks & Recreation Director Nate Siem, Police Chief John Powell, Public Works Director Melissa Geis, City Clerk Others Present: Claire Kennedy, Police Officer Kyle Miller, Police Officer with K9 Moose 4. APPROVE AGENDA Motion was made by Councilmember Bernatz and seconded by Councilmember Cordes to approve the agenda as presented. Motion carried: 5 ayes / 0 nays Regular City Council Meeting Minutes of September 8, 2026 Page 1 of 5 Page 19 of 403 5. ANNOUNCEMENTS / COMMENDATIONS 6. CONSENT AGENDA 6.1 Minutes of the July 23, 2026 Joint Planning Commission and City Council Work Session 6.2 Minutes of the August 17, 2026 City Council Work Session 6.3 Minutes of the August 17, 2026 Regular City Council Meeting 6.4 Resolution 2026-072 Accepting an Offer and Authorizing the Sale of Property located at 19799 Embers Avenue Parcel ID: 14-56801-01-010 6.5 Payment of Claims 6.6 Resolution Declaring Surplus Property - Fire 6.7 Staff Approvals and Recommendations 6.8 Donation from Happy Harry's Furniture to the Rambling River Center 6.9 Declaring Surplus Vehicle and Equipment - Police Motion was made by Councilmember Windschitl and seconded by Councilmember Wilson to approve the Consent Agenda, as presented. Motion carried: 5 ayes / 0 nays 7. PUBLIC HEARINGS 8. AWARD OF CONTRACT 9. PETITIONS, REQUESTS AND COMMUNICATIONS 10. UNFINISHED BUSINESS 11. NEW BUSINESS 11.1 Donations from Farmington Firefighters Relief Association to the Farmington Police K9 Program Chief Siem shared that the donations are used to support vet care, food and other needs for the K9's. Officer Kyle Miller introduced K9 Moose. Motion by Councilmember Wilson and seconded by Councilmember Cordes to adopt Resolution 2026-069 Accepting a Donation of $6000 from the Farmington Firefighters Relief Association. 12. CITIZENS COMMENTS / RESPONSES TO COMMENTS The following citizen(s) addressed the Council: Regular City Council Meeting Minutes of September 8, 2026 Page 2 of 5 Page 20 of 403 • Paul Putt, Farmington • David Pritzlaff, Farmington • Caroline Kiefer, Castle Rock Township • Katie Porter, Farmington 13. CITY COUNCIL ROUNDTABLE Councilmember Windschitl shared it is the 6th annual Corey Slifko memorial tournament at Stelzel Fields this weekend. They have raised over $265,000 to be used towards mental health for First Responders. He welcomed everyone to come out and support the cause. Councilmember Bernatz reminded everyone to pay attention to all the bus activities and additional kids out with school starting last week. She also thanked local business, The Pam McCarthy Agency, for her filling the bus with school supply donations and the businesses who donated pallets of water bottles to the Fire Department. Councilmember Cordes shared that his family did a summer tour of all the Farmington Parks, he thanked the Parks and Recreation Department for their work maintaining the 22 parks with playgrounds. He suggested everyone get out and visit all the different parks Farmington has to offer. Councilmember Wilson asked Councilmember Cordes if his park visits were over 1 summer, Councilmember Cordes confirmed it was this summer. He then shared that since 2011 Happy Harry's has made almost $20,000 in donations to the Rambling River Center, he thanked the people who shop there for their contributions/donations and Happy Harry's for their program. Assistant City Administrator Chanski thanked community members for reaching out with questions. He stated we are continuing to work on ways to communicate better with residents and said to watch for a survey in the upcoming Farmington Currents. Director Kuennen encouraged the residents and businesses to share their input on the 2050 comprehensive plan. There is a portal to submit comments on the City's website under the latest news tab. Director Powell stated they also have the City -Wide Speed Limit study with an interactive map on the website; comments are open until October 15th. He also shared as part of the 2026 street improvements project the intersection on Spruce and 2nd Street will be closed for the day tomorrow. Regular City Council Meeting Minutes of September 8, 2026 Page 3 of 5 Page 21 of 403 Director Omlid shared that there are several free events this weekend including the "Who Done It?" Hike in partnership with Lakeville at Ritter Farm Park and Saturday evening has Movie in the Park featuring "A Minecraft Movie" at Distad Park. She thanked the sponsors; Castle Rock Bank, Farmington Liquors, Farmington Youth Hockey Association, Hobo, State Farm Sierra Juhl, and VFW Post 7662. This Sunday celebrate Schmitz -Maki Ice Arena's 50th anniversary with free open skate. She thanked everyone who has supported the arena over the 50 years to make this possible. Director Sommerland shared that they will be presenting the 2027 budget at the upcoming City Council Meeting and reminded residents that property taxes are composed of the City, School and County taxes. She shared that the County is holding a budget open house this Saturday. Chief Price thanked Fritz Mechanical and Janie's Home Team for their generous donations of a pallet of water bottles for the fire department to have on the trucks. He also shared the Fire Prevention Open House is at Fire Station 1 on September 16th and will have bounce house, food, and activities for all ages. Chief Siem gave an update on the remodel and expansion, they are working on final contract for Kraus Anderson. He spoke about the First Center in Lakeville and shared that is where they will be doing their firearms and tactical training, this will help with costs of the expansion by not needing those additional areas in the updated building. He will also be at the Corey Slifko Memorial event this weekend. Mayor Lien shared there is a hearing tomorrow for the ongoing litigation. He recommended everyone visit the Minnesota Court Records site to get accurate information. He then asked Attorney Schmidt if he was allowed to organize the work session/listening session without council. Attorney Schmidt stated that typically it would be done by the entire body but does not know the by-laws off hand for the City of Farmington, she will get a response for him. Resident Pritzlaff commented that the rules state to not respond to items discussed in Public Comment, Mayor Lien explained he is unable to schedule after November 3rd as he will no longer be in office. City Attorney Schmidt explained that due to this being a special election the candidate elected mayor will take office upon certification of election in November. Regular City Council Meeting Minutes of September 8, 2026 Page 4 of 5 Page 22 of 403 14.ADJOURNMENT Motion was made by Councilmember Wilson and seconded by Councilmember Cordes to adjourn the meeting at 7:34 pm. Motion carried: 5 ayes / 0 nays Respectfully submitted, Melissa Geis City Clerk Regular City Council Meeting Minutes of September 8, 2026 Page 5 of 5 Page 23 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Melissa Geis, City Clerk Department: Administration Subject: Minutes of the September 8, 2026 Special City Council Work Session - Closed Session Meeting: Regular Council - Sep 21 2026 INTRODUCTION: For approval are the minutes of the September 8, 2026 Special City Council Work Session - Closed Session ACTION REQUESTED: Approve the minutes of the September 8, 2026 Special City Council Work Session - Closed Session ATTACHMENTS: 09.08.26 Special Work Session - Closed Session Page 24 of 403 City of Farmington City Council Work Session Minutes- Closed Meeting Tuesday, September 8, 2026 The City Council met in a work session on Tuesday, September 8, 2026, at Farmington City Hall, 430 Third Street, Farmington, Minnesota. 1. CALL TO ORDER Acting Mayor Cordes called the meeting to order at 4:00pm. 2. ROLL CALL Members Present: Acting Mayor Cordes Councilmembers Holly Bernatz, Steve Wilson and Phil Windschitl Members Late: Mayor Lien - arrived at 4:05 pm Members Absent: None Staff Present: Lynn Gorski, City Administrator David Chanski, Assistant City Administrator Samantha Hazelrigg, Human Resources Manager Others Present: Brandon Fitzsimmons, Labor Attorney, Flaherty & Hood P.A. Pat Wamser, Compensation Director, MRA 3. APPROVE AGENDA Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to approve the agenda, as presented. Motion carried: 4 ayes / 0 nays 4. DISCUSSION ITEMS 4.1 Closed Session for Labor Negotiations Strategy Under Minnesota Statutes, Section 13D.03, Subdivision 1, Clause (b) Motion was made by Councilmember Bernatz and seconded by Councilmember Windschitl to close the City Council Work Session Page 1 of 2 Closed Work Session Minutes of September 8, 2026 Page 25 of 403 pursuant to Minnesota Statutes Section 13D.03, Subdivision 1, Clause (b) for Closed Session for Labor Negotiations Strategy at 4:01 pm Motion carried: 4ayes/ 0 nays Mayor Lien arrived at 4:05 pm Following discussion Acting Mayor Cordes opened the meeting at 5:08 pm. 5. CITY COUNCIL COMMITTEE UPDATE 6. CITY ADMINISTRATOR UPDATE 7. ADJOURNMENT Motion was made by Mayor Lien and seconded by Councilmember Bernatz to adjourn the meeting at 5:09 pm. Motion carried: 5 ayes/ 0 nays Respectfully submitted, Melissa Geis City Clerk Page 2 of 2 Closed Work Session Minutes of September 8, 2026 Page 26 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Melissa Geis, City Clerk Department: Administration Subject: Temporary On -Sale Liquor License for The Church of St. Michael February 5, 2027 Meeting: Regular Council - Sep 21 2026 INTRODUCTION: For approval is a Temporary On -Sale Liquor License for The Church of St. Michael for an event to be held February 5, 2027. DISCUSSION: The Church of St. Michael will be hosting an event February 5, 2027 and are requesting approval of a Temporary On -Sale Liquor License. This event will be held at the Church of St. Michael, 22120 Denmark Avenue, Farmington. ACTION REQUESTED: Approve the Temporary On -Sale Liquor License for the Church of St. Michael for an event to be held February 5, 2027 at the Church of St. Michael, 22120 Denmark Avenue, Farmington. ATTACHMENTS: 02.05.27 Church of St. Michael Gala 2027 -- Temporary-On-Sale-Liquor-License-PDF Page 27 of 403 Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division CV11111111445 Minnesota Street, Suite 1600, St. Paul, MN 55101 IiE: 651-201-7507 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY Alcohol &Gambling Enforcement TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Name of organization Date of organization Tax exempt number Church of St. Michael 1898 41 0777907 Organization Address (No PO Boxes) City State Zip Code 22120 Denmark Ave Farmington Minnesota 55022 Name of person making application Business phone Home phone Dawn Thureen 651-463-5233 651-717-5005 Date(s) of event Type of organization ❑ Microdistillery ❑ Small Brewer February 5, 2027 ❑ Club ❑ Charitable X❑ Religious ❑ Other non-profit Organization officer's name Father Joseph Nguyen Organization officer's name Organization officer's name Location where permit will be used. If an outdoor area, describe. Social Hall at Church of St. Michael City State Zip Code Farmington Minnesota 55024 City State Zip Code Minnesota City State Zip Code Minnesota If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City of Farmington City or County approving the license N/A Fee Amount Event in conjunction with a community festival ❑ Yes ® No 23,632 Current population of city Melissa Geis, City Clerk Please Print Name of City Clerk or County Official Date Approved February 5, 2027 Permit Date MGeis@farmingtommn.gov City or County E-mail Address Signature City Clerk or County Official CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event No Temp Applications faxed or mailed. Only emailed. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THEAPPLICATION SIGNED BY CITY/COUNTY TO AGE. TEMPORARYAPPLICATION@STATE. MN. US Page 28 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Extend Date and Term of Professional Services Agreement with HKGi for Planning Services to Update the Zoning Ordinance. Meeting: Regular Council - Sep 21 2026 INTRODUCTION: On September 16, 2024 the City Council authorized the execution of a Professional Services Agreement (attached) with HKGi for planning services to update the city's zoning ordinance. DISCUSSION: The agreement states that the consultant must complete the services outlined within the document by October 1, 2025. The agreement also provides for an extension of this date for a mutually agreed upon time period by written consent of both parties. This project is nearing its completion and both City Staff and HKGi are requesting the date and term of the agreement be extended to December 31, 2026. BUDGET IMPACT: Not applicable ACTION REQUESTED: Extend the date and term of the Professional Services Agreement with HKGi for planning services to update the City's zoning code to December 31, 2026. ATTACHMENTS: HKGi email 09.16.24 Professional Svcs Agmt, HKGi, Code Update Process, Final Page 29 of 403 Tony Wippler From: Rita Trapp <rita@hkgi.com> Sent: Wednesday, September 16, 2026 7:34 AM To: Tony Wippler Subject: [EXTERNAL]Zoning Code Contract Tony Please process a contract extension for the zoning code update through the end of 2026. Rita Rita Trapp AICP SHE/HER VICE-PRESIDENT RITA(&HKGI.COM 1 (651) 402-8045 ►.H1 1 800 WASHINGTON AVE N, #207 MPLS, MN 55401 1ii a 13 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. PLEASE REPORT SUSPICIOUS EMAILS TO: ITSUPPORT(aFARMINGTONMN.GOV Page 30 of 403 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is made this (bth day of September, 2024, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and HKGi, a Minnesota S-Coro, whose business address is 800 Washington Ave. N. #103, Minneapolis, MN 55401 (hereinafter "Consultant"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for services, hereinafter referred to as the "Work", and as outlined on Exhibit "A" attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to furnish the services set forth on the attached Exhibit "A". The Consultant agrees to perform the services. Consultant shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit "A". The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit "A" — Farmington Code Update Scope of Services including fee. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit "A". 2. REPRESENTATIVES. City has designated Deanna Kuennen, Community and Economic Development Director (the "City Representative"), and the Consultant has designated Rita Trapp, Vice President (the "Consultant Representative"). The City Representative and the Consultant Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Consultant shall be paid by the City for the services described in Exhibit "A" for a not to exceed amount of $45,500.00 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. C. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Consultant must complete the Services by October 1, 2025. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 2304720 Page 31 of 403 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Info>mation for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Consultant's books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Consultant shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant's services. 8. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident 230472v1 Page 32 of 403 230472vl $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non -owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. C. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. d. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Farmington" as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. 1. The Consultant's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. Page 33 of 403 M. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section o, the City may require Consultant to: L Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and 230472v1 Page 34 of 403 all supplies, equipment, and incidentals necessary for Consultant's performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self- employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay subcontractor for all undisputed services provided by subcontractor within ten (10) days of Consultant's receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Consultant and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers 230472vi Page 35 of 403 harmless from any claims resulting from Consultant's officers', agents', partners', employees', volunteers', assignees', or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days' written notice delivered to Consultant at the address on file with the City. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR Claims for services furnished by the Consultant not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 230472YI Page 36 of 403 Dated: ljp G bt'c 16. 207q Dated:�� O 230472vl CITY: CITY OF FARMINGT By: !; — Joshua Hoyt M or By: City 2024_ CONSULTANT: HKGi By:t JZ1 ' [print name] Its V L%t,1 {[title] Page 37 of 403 EXHIBIT "A" SCOPE OF WORK Page 38 of 403 Collaborate. Listen. ,; H KG ) Explore. Create. August 16, 2024 Deanna Kuennen Community & Economic Development Director City of Farmington 430 Third Street Farmington, h1N 55024 RE: Code Update Process Dear Deanna, Thank you for the opportunity to submit a proposal to assist the Cityof Farmington with a code update process. It Is our understanding that the City is looking for a targeted updated process that Implements the Comprehensive Plan Amendment and addresses areas of concern for Staff, policymakers, and the community. The attached scope of services uses our general approach to code updates, which includes an Initial audit to identify areas of concern, meetings with the Planning Commission and City Council to identify Issues and seek policy direction on specific areas, and community engagement. It is anticipated that this approach will take less than one year to complete. The proposed planning team for this project will be: • Rita Trapp, Project Manager • Beth Richmond, Lead Planner • Mia Colloredo•Mansfeld, Technical Support • Natalie Strait, GIS We appreciate the opportunity to submit this proposal and look forward to the opportunity to work with you on this project. Please let me know if you need any additional Information or revisions to the scope. Sincerely, 4-&f Rita Trapp, AICP VICE-PRESIDENT RITAOa,HKGI.COM/612 252 7135 230472v1 800 Washington Avenue North, Suite 103 Minneapolis, MN 55401 Page 39 of 403 Farmington Code Update Scope of Services Task 1: Project Kick Off and Understanding The Project Kick Off and Understanding phase is Intended to provide a solid foundation for the update process Sub -Tasks 1. Meet virtually with Planning & Zoning (P&Z) Staff to confirm activities in Tasks 1 and 2 2. Summarize components of the 2040 Comprehensive Plan, and the upcoming amendment, that should be addressed through the update process. This will include, but is not limited to zoning districts to address the mixed commercial/residential and downtown land use categories. 3. Prepare, and refine with P&Z Staff, a public outreach strategy and engagement schedule Deliverables • Summary of review of relevant portions of the 2040 Comprehensive Plan to the code update process • Public outreach strategy and engagement schedule Task 2: Audit the Current Zoning Ordinance and Frame Approach Task 2 focuses on understanding the issues with the existing code, reaching general consensus on priorities for the update process, and framing the approach for areas where significant change is anticipated Sub -Tasks 1. Complete a detailed evaluation of the current zoning ordinance for deviations from best practices and trends based on our experience working with and updating zoning regulations. This evaluation will include • Evaluation of the current code structure, including whether there are too few or too many groupings. • Tabular analysis of all districts, uses, and dimensional standards to identify inconsistencies, gaps, organizational issues, and ease -of -use improvements. As part of this analysis, we will explore the potential for modernizing, synchronizing, streamlining, and simplifying uses across all districts to improve consistency and understanding of which uses are allowed where Evaluation of the district structure, including overlays, to determine whether the current structure best meets the vision of the City 08/16/2024 Scope of Services for Farmington Code Update 1 I P a g e 230472vl Page 40 of 403 • Assessment of regulations to determine updates needed to align with current state and federal requirements and recent court decisions • GIS analysis of the current Zoning Map to evaluate the effectiveness of the current map's application of zoning districts This step will explore the extent of use of the City's existing districts, whether there are districts that are not mapped, and whether there are any inconsistencies between the 2040 Comprehensive Plan and Zoning Map 2. Meet with a cross-section of City Staff to introduce the project and discuss areas of needed update 3 Content precedent research as needed for specific topics identified in consultation with P&ZS Staff Examples include lot/site dimensional standards for smaller lots, parking, etc. 4. Identify potential approaches to address areas of change identified in the diagnosis process S. Prepare an outline of the proposed update 6. Conduct meetings with P&Z Staff to discuss the draft audit, outline, and potential approaches 7. Conduct a Joint Session of the Planning Commission and City Council to introduce the project, present a summary of the finding:, of the diagnosis and code outline, and seek policy input on specific areas, such as the implementation of the mixed commercial/residential and downtown land use categories 8. Complete the first round of public outreach as established in the public outreach strategy. This may include creating and posting online content about the project for the general public and/or holding stakeholder meeting(s) with groups where updates are particularly targeted, such as design professionals, developers, or property owners within certain zoning districts, to introduce the project and identify issues Deliverables • Spreadsheet of code issues identified by HKGi, City Staff, elected/appointed officials, and community engagement input • Draft code outline and potential approaches to areas of change • Public outreach materials, including marketing materials, agendas, and presentations • Meeting materials as needed, including agendas, packet materials, and presentations • Online content/webpage for project introduction to the public • Summary of public outreach input Task 3: Prepare Draft Code Task 3 is when the technical updating and drafting of the regulations occurs It is anticipated that some updates will be led by HKGt and some will be led by City Staff. The draft code is proposed to be reviewed in sections by Staff and the Planning Commission Updates will be provided to the City Council regularly with one Joint Meeting of the City Council and Planning Commission to review targeted policy areas Sub Tasks 08/16/2024 Scope of Services for Farmington Code Update 2 ) 23o472vl Page 41 of 403 1. Prepare the draft regulations in a series of modules Based on our past experience, the following are helpful groupings • Zoning districts and uses (purposes, uses, lot dimensions, site dimensions) • Use specific standards (standards for permitted and accessory uses — initial areas of focus identified include electric vehicle charging and towers) • General development standards and provisions (architectural, off-street parking, landscaping, fencing, screening, signage, etc.) • Development procedures and administration (variances, conditional use permits, etc.) • Subdivision It is anticipated that code updates will be a collaborative process with some sections receiving more updates and modernization than others. In addition, it is expected that City Staff will take the lead on the review and updates to sections such as, but not limited to landscaping, tree preservation, wetlands, shoreland, and floodplain. 2. Conduct review of the modules with PW Staff 3. Meet with the Planning Commission to review modules 4. Conduct a Joint Meeting of the City Council and Planning Commission on targeted policy areas S_ Conduct the second round of public outreach as established in the public outreach strategy. This may include targeted outreach to specific groups or property owners within certain areas of the City. 6. Prepare first draft of entire updated zoning ordinance document 7. Share the complete draft of the codes online for Planning Commission and City Council review 8. Revise the draft as needed to prepare for the Planning Commission public hearing Deliverables • Draft code modules • Meeting materials as needed, including agendas, packet materials, and presentations • Public outreach matenals such as marketing materials, agendas, presentations, and online content • 1st full draft of updated zoning code • Prepare website for online review of the complete draft of the codes Task 4: Final Zoning Ordinance Adoption The final phase of the update process is the adoption process. The adoption process Includes a public, hearing by the Planning Commission and consideration by the City Council. Sub Tasks 1 Post the full code online for community review 2. Prepare and present the proposed code at a public heanng of the Planning Commission 08/16/2024 Scope of Services for Farmington Code Update 3 ( P a g e 230472v1 Page 42 of 403 3 Prepare a revised draft of the regulations based on Planning Commission direction 4 Prepare and present the proposed code to the City Council 5 Make final changes to the code and provide the final code to the City in a word and PDF format Deliverables • Meeting materials as needed, including agendas, packet materials, and presentations • Complete Word and PDF drafts of the codes • Online content/webpage Estimated Budget and Schedule Task Budget Schedule 1— Kick Off $ 2,500 Months 1 to 2 2 — Audit and Approach $12,500 Months 1 to 3 3 — Draft Code $24,000 Months 4 to 9 4 - Adoption $5,500 Months 9 to 11 Expenses $1,000 Total $45,500 08/16/2024 Scope of Services for Farmington Code Update 4 1 230472v1 Page 43 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Authorizing the Transfer of Unused 2022 Bond Funds and Amending the Budget Meeting: Regular Council - Sep 21 2026 INTRODUCTION: The City has remaining funds from the 2022 Parking Lot Project, and Staff is recommending a transfer of the funds to the related 2022A Tax Abatement Bonds Debt Service fund to support future debt payments. DISCUSSION: The 2022 Parking Lot Project was financed through the issuance of bonds. Following completion of parking lot improvements, unused funds remain in the capital project fund. As of August 31, 2026, the recorded balance of the fund is approximately $578,000. These funds are no longer needed for their original purpose and may be transferred to the 2022A Tax Abatement Bonds Debt Service fund in accordance with bond requirements and financial best practices. Using these dollars to pay future principal and interest obligations will reduce levy pressure. Specifically, for 2027 the City plans to use approximately $182,000 toward scheduled debt payments, resulting in an adjusted debt levy of $0 specific to these bonds next year. Future applications of the remaining balance will continue to lower the debt service levy in subsequent years, benefiting taxpayers by reducing the amount needed to be raised through property taxes. BUDGET IMPACT: The proposed transfer requires a corresponding budget amendment reflecting the movement of the unused 2022 bond proceeds from the capital project fund to the debt service fund. ACTION REQUESTED: Staff recommends adoption of Resolution 2026-075, Authorizing the Transfer of Unused 2022 Bond Funds and Amending the Budget. Page 44 of 403 ATTACHMENTS: 2026-09-21 R#2026-075 Authorizing_ the Transfer of Unused 2022 Bond Funds &am Amending the Budget 2026-09-21 2022 Parking Lot Capital Project Fund Balance Sheet 08-31 Page 45 of 403 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-075 A RESOLUTION AUTHORIZING THE TRANSFER OF UNUSED 2022 BOND FUNDS AND AMENDING THE BUDGET WHEREAS, the Council previously authorized the issuance of bonds to finance the 2022 Parking Lot Project; and WHEREAS, the project has been completed and certain bond proceeds remain unused and are no longer required for the purposes originally authorized; and WHEREAS, it is in the best financial interest of the City to apply the unused funds toward the payment of principal and interest on the related debt obligations; and WHEREAS, the transfer of these unused funds necessitates an amendment to the current budget to accurately reflect the reallocation of resources. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Farmington that: 1. The unused bond proceeds from the 2022 Parking Lot Project are hereby authorized to be transferred to the 2022A Tax Abatement Bonds Debt Service Fund. 2. The transferred funds shall be used solely for the payment of principal and interest on the bonds issued for the project. 3. The municipal budget is hereby amended to reflect this transfer and the corresponding increase in available resources within the Debt Service Fund. 4. The Finance Director is authorized and directed to execute all necessary accounting entries, budget amendments, and fund transfers to carry out this resolution. BE IT FURTHER RESOLVED this resolution shall take effect immediately upon its adoption. Adopted by the City Council of the City of Farmington, Minnesota, this 21 st day of September 2026. ATTEST: Nicholas Lien, Mayor Melissa Geis, City Clerk Page 46 of 403 BALANCE SHEET REPORT FOR CITY OF FARMINGTON Balance AS Of 08/31/2026 YTD Balance Beg. Balance GL Number Description 08/31/2025 O1/01/2026 Fund: 511 2022 PARKING LOT PR03ECTS *** Assets *** 511-0000-1010-000 DUE FROM POOLED CASH 511-0000-1011-000 PREMIUM/DISCOUNT ON INVESTMENT 511-0000-1095-000 ACCRUED INTEREST INVESTMENTS Total Assets *** Liabilities *** 511-0000-2010-000 ACCOUNTS PAYABLE 511-0000-2010-010 ACCOUNTS PAYABLE MANUAL 511-0000-2020-000 CONTRACTS PAYABLE Total Liabilities *** Fund Equity *** 511-0000-3510-000 UNRESERVED FUND BALANCE Total Fund Equity Total Fund 511: TOTAL ASSETS BEG. FUND BALANCE - 2025 + NET OF REVENUES/EXPENDITURES - 2025 + NET OF REVENUES & EXPENDITURES = ENDING FUND BALANCE + LIABILITIES = TOTAL LIABILITIES AND FUND BALANCE YTD Balance 08/31/2026 561,985.96 570,928.93 575,295.95 0.00 4,367.02 0.00 0.00 3,309.53 3,309.53 561,985.96 578,605.48 578,605.48 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 545,271.55 545,271.55 545,271.55 545,271.55 545,271.55 545,271.55 561,985.96 578,605.48 578,605.48 545,271.55 545,271.55 545,271.55 0.00 33,333.93 33,333.93 16,714.41 0.00 0.00 561,985.96 578,605.48 578,605.48 0.00 0.00 0.00 561,985.96 578,605.48 578,605.48 Page 47 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Jacob Seppelt, Assistant Finance Director Department: Finance Subject: Payment of Claims Meeting: Regular Council - Sep 21 2026 INTRODUCTION: Minnesota Statutes require that all claims for payment be presented to the City Council for review and approval. DISCUSSION: The City Council has established a process to review and approve claims for payment at each regular meeting. The list of claims for the period of 09/02/2026 to 09/15/2026 is being presented for consideration, ensuring compliance with State law and maintaining proper financial oversight. BUDGET IMPACT: The claims paid will reduce the available budget for the accounts listed in the detailed report provided to the Council. ACTION REQUESTED: Approve payment of claims. ATTACHMENTS: 092126 COUNCIL SUMMARY Page 48 of 403 CITY OF FARMINGTON SUMMARY PAYMENT OF CLAIMS September 21, 2026 CLAIMS FOR APPROVAL 09/02/2026-09/15/2026 CHECK PAYMENTS ELECTRONIC PAYMENTS TOTAL 595,333.54 $ 877,505.92 $ 1,472,839.46 The City Council receives a detail list of claims paid that is available to the public upon request. Page 49 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Samantha Hazelrigg, Human Resources Manager Department: HR Subject: Staff Approvals and Recommendations Meeting: Regular Council - Sep 21 2026 INTRODUCTION: Staff recommends the following appointments: • Camryn Doner - Community Service Officer • Elliot Tupper - Community Service Officer DISCUSSION: Staff is pleased to recommend the following employee appointments for Council approval. We are welcoming: Camryn Doner and Elliot Tupper as Community Service Officers. BUDGET IMPACT: Included in the 2026 budget. ACTION REQUESTED: Approve the appointments of Camryn Doner and Elliot Tupper. Page 50 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Donation from Darin Pettisi to the Rambling River Center Meeting: Regular Council - Sep 21 2026 INTRODUCTION: Darin Pettisi recently gave a donation to the Rambling River Center. DISCUSSION: Rambling River Center member Darin Pettisi recently made a generous donation of $50 to the Rambling River Center. Mr. Pettisi is a new member of the Center and made the donation because of all the good the Center does! The donated money will be placed in the Rambling River Center's Capital Improvement Fund, so it may either be used for future building improvements at the Rambling River Center or to purchase new equipment and/or furniture. Staff will express the City's appreciation on behalf of the City Council to Darin Pettisi for this generous donation. ACTION REQUESTED: Adopt Resolution 2026-073 Accepting a Donation from Darin Pettisi to the Rambling River Center. ATTACHMENTS: 2026-073 Accepting $50 from Darin Pettisi Page 51 of 403 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-073 A RESOLUTION ACCEPTING A DONATION OF $50 FROM DARIN PETTISI WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law; and WHEREAS, the following persons and entities have offered to contribute to the City: Darin Pettisi has donated $50 to the Rambling River Center; and WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that Mayor Lien and the Farmington City Council hereby accept with gratitude the generous donation of $50 from Darin Pettisi to the Rambling River Center. Adopted by the City Council of the City of Farmington, Minnesota, this 21" day of September 2026. Nicholas Lien, Mayor ATTEST: Melissa Geis, City Clerk Page 52 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Donation from Nancy Bohn to the Rambling River Center Meeting: Regular Council - Sep 21 2026 INTRODUCTION: Nancy Bohn recently gave a donation to the Rambling River Center. DISCUSSION: Rambling River Center member Nancy Bohn recently made a very generous donation of $487 to the Rambling River Center. The donated money will be placed in the Rambling River Center's Capital Improvement Fund, so it may either be used for future building improvements at the Rambling River Center or to purchase new equipment and/or furniture. Staff will express the City's appreciation on behalf of the City Council to Nancy Bohn for this generous donation. ACTION REQUESTED: Adopt Resolution 2026-077 Accepting a Donation from Nancy Bohn to the Rambling River Center. ATTACHMENTS: 2026-077 Accepting $487 from Nancy Bohn Page 53 of 403 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-077 A RESOLUTION ACCEPTING A DONATION OF $487 FROM NANCY BOHN WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law; and WHEREAS, the following persons and entities have offered to contribute to the City: Nancy Bohn has donated $487 to the Rambling River Center; and WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that Mayor Lien and the Farmington City Council hereby accept with gratitude the generous donation of $487 from Nancy Bohn to the Rambling River Center. Adopted by the City Council of the City of Farmington, Minnesota, this 21" day of September 2026. Nicholas Lien, Mayor ATTEST: Melissa Geis, City Clerk Page 54 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Devonshire Avenue & 206th Street Pond Maintenance - Change Order 1 and Final Payment Meeting: Regular Council - Sep 21 2026 INTRODUCTION: The Devonshire Avenue & 206th Street Pond Maintenance project is complete and the contractor, JC Hallet Construction has requested final payment. DISCUSSION: A construction contract was awarded to JC Hallet Construction in the amount of $110,878.00 on February 17, 2026; the following summarizes the proposed final payment amount: Original Contract Amount $ 110,878.00 Change Order No. 1 (Add) $ 6,537.00 Final Contract Amount $ 117,415.00 As the final quantities do not always match the estimated bid quantities, a "compensating" change order is prepared at the end of construction. By doing this, the final amount paid to the contractor matches the final contract amount. The final contract amount reflects a contract increase of approximately 5.9% primarily due to the need for additional erosion control blanket. The contractor has submitted the necessary documents for processing this final payment: Approval of the final payment commences the two-year warranty period. BUDGET IMPACT: The final construction cost is 5.9% higher than the contract amount. This amount was more than offset by City Staff taking a more active role in construction inspection and reducing consultant expenses. ACTION REQUESTED: Staff recommends approval of Change Order No. 1 and the Final Payment in the amount Page 55 of 403 of $12,080.90 to JC Hallet Construction for the Devonshire Avenue & 206th Street Pond Maintenance. ATTACHMENTS: Devonshire &: 206th Pond Maintenance C01 FINAL Page 56 of 403 DATE: September 15, 2026 OWNER: PROJECT: CONTRACTOR: REQUEST FOR PAYMENT NO. 3 (FINAL) Summary: I Original Contract Amount 2 Change Order (No. 1) 3 Revised Contract amount 4 Value Completed to Date 5 Material on Hand 6 Amount Earned 7 Less Retainage 0% (FINAL PAYMENT) 8 Sub -Total 9 Less Amount Paid Previously 10 Amount Due This Request for Payment No. 3: Contractor: JC Hallet Construction, LLC Approved by: Title: City of Farmington Approved by: Public Works Director/City Engineer From: June 16, 2026 - August 31, 2026 City of Farmington City Project No. 25-07 Devonshire Avenue and 206th Street Pond Maintenance JC Hallet Construction, LLC 24481 Logan Avenue Lakeville, MN 55044 $110,878.00 $6,537.00 $117,415.00 $117,415.00 $0.00 $117,415.00 $0.00 $117,415.00 $105,334.10 $12,080.90 DATE:? DATE: Page 57 of 403 PARTIAL PAYMENT NO.3 (FINAL; INCL. CHANGE ORDER NO.1) DEVONSHIRE AVENUE & 206TH STREET POND MAINTENANCE CITY PROJECT NO.25-07 ITEM CONTRACT UNIT QTY. TO NO. ITEM DESCRIPTION UNIT QTY. PRICE DATE EXTENSION 1 Mobilization LS 1.00 $ 10,000.00 1.00 $ 10,000.00 2 Remove Catch Basin EA 1.00 $ 500.00 1.00 $ 500.00 3 Remove Outlet Structure EA 1.00 $ 1,000.00 1.00 $ 1,000.00 4 Remove Wood Duck Houses and Posts EA 2.00 $ 50.00 2.00 $ 100.00 5 Remove Outlet Pipe LF 21.00 $ 10.00 21.00 $ 210.00 6 Remove Curb & Gutter LF 21.00 $ 10.00 21.00 $ 210.00 7 Remove Bituminous Pavement SY 23.00 $ 6.00 30.00 $ 180.00 8 Remove Trash Rack EA 1.00 $ 200.00 1.00 $ 200.00 9 Remove FES EA 1.00 $ 400.00 1.00 $ 400.00 10 Excavation - Common (Offsite) (EV) (P) CY 509.00 $ 28.00 509.00 $ 14,252.00 11 Muck Excavation (EV) (P) - Mgmt Lv12 (Landfill Disp) CY 712.00 $ 35.00 712.00 $ 24,920.00 12 Muck Excavation (EV) (P) - Mgmt LA 1 (Offsite Disp) CY 185.00 $ 30.00 185.00 $ 5,550.00 13 Dewatering LS 1.00 $ 2,500.00 1.00 $ 2,500.00 14 Bituminous Patching Mixture SY 23.00 $ 220.00 30.00 $ 6,600.00 15 Curb & Gutter Design Surmountable LF 21.00 $ 100.00 21.00 $ 2,100.00 16 15" RC Pipe Culvert Class V LF 15.00 $ 80.00 15.00 $ 1,200.00 17 15" RC Pipe Apron EA 1.00 $ 1,500.00 1.00 $ 1,500.00 18 Trash Guard for 15" Pipe Apron EA 1.00 $ 1,000.00 1.00 $ 1,000.00 19 Trash Guard for 33" Pipe Apron EA 1.00 $ 2,000.00 1.00 $ 2,000.00 20 Construct Drainage Structure Des: 72" CB w/ 4' Sump EA 1.00 $ 16,000.00 1.00 $ 16,000.00 21 Construct Drainage Structure Des: 48" OCS EA 1.00 $ 12,000.00 1.00 $ 12,000.00 22 Geotextile Filter Type IV SY 20.00 $ 4.00 20.00 $ 80.00 23 Random Riprap CL. 111 CY 33.00 $ 115.00 33.00 $ 3,795.00 24 Traffic Control LS 1.00 $ 1,000.00 1.00 $ 1,000.00 25 Install Sign Type- Wetland Buffer EA 2.00 $ 250.00 2.00 $ 500.00 26 Stabilized Construction Exit LS 1.00 $ 500.00 1.00 $ 500.00 27 Storm Drain Inlet Protection EA 5.00 $ 200.00 5.00 $ 1,000.00 28 Floatation Silt Curtain Type Still Water (Containment) LF 43.00 $ 15.00 43.00 $ 645.00 29 Sediment Control Log Type Wood Fiber LF 41.00 $ 3.00 41.00 $ 123.00 30 Rolled Erosion Prevention Category 20 SY 550.00 $ 3.00 2065.00 $ 6,195.00 31 Rolled Erosion Prevention Category 35 (DeKoWe 700) SY 47.00 $ 5.00 129.00 $ 645.00 32 Seeding AC 0.25 $ 1,500.00 0.25 $ 375.00 33 Seed Mixture MnDOT Seed Mix (SSW) @ 35 lbs/acre LB 27.00 $ 5.00 27.00 $ 135.00 TOTAL BID SCHEDULE: $ 117,415.00 Page 58 of 403 CITY OF FARMINGTON CHANGE ORDER Date: September 15, 2026 City Project No. 25-07 Change Order No. 1 Project Name Devonshire Avenue & 206t' Street Pond Maintenance To JC Hallet Construction LLC for the City of Farmington, Minnesota You are hereby directed to make the following change to your contract dated March 17, 2026. The change and the work affected thereby are subject to all contract stipulations and covenants. CHANGE ORDER This change order provides for changes in the work scope of this contract according to the attached itemization. Amount of Original Contract Additions approved to date Deductions approved to date Contract amount to date Amount of Change Order No. 1 (Addition) Revised Contract Amount APPROVALS: Contractor: JC Hallet Constructi n, LLC Approved By Date: / or-—�= / $ 110,878.00 $ 0.00 $ 0.00 $ 110,878.00 $ 6,537.00 $ 117,415.00 City: Public Works Director/City Engineer John Powell P.E. Date: Page 59 of 403 CITY OF FARMINGTON PROJECT 25-07 DEVONSHIRE AVENUE & 206TH STREET POND MAINTENANCE CHANGE ORDER NO.1 JC HALLET CONSTRUCTION, LLC CONTRACT FINAL AMOUNT CONTRACT CONTRACT ITEM UNIT QUANTITY QUANTITY DIFFERENCE UNIT PRICE TO DATE AMOUNT NETCHANGE 1 Mobilization IS 1,00 1.00 0.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 2 Remove Catch Basin EA 1.00 1.00 0.00 $ 5D0.00 $ 500.00 $ 500.00 $ 3 Remove Outlet Structure EA 1.00 1.00 0.00 $ 1.000.00 $ 1,000.00 $ 1,000.00 $ 4 Remove Wood Duck Houses and Posts EA 2.00 2.00 0.00 $ 50.00 $ 100.00 $ 100.00 $ 5 Remove Outlet Pipe LF 21.00 21.00 0.00 $ 10.00 $ 210.00 $ 210.00 $ 6 Remove Curb & Gutter LF 21.00 21.00 0.00 $ 10.00 $ 210.00 $ 210.00 $ 7 Remove Bituminous Pavement SY 23.00 30.00 7.00 $ 6.00 $ 180.00 $ 138.00 $ 42.00 8 Remove Trash Rack EA 1.00 1.00 0.00 $ 200.00 $ 200.00 $ 200.00 $ 9 Remove FES EA 1.00 1.00 OAO $ 400.00 $ 400.00 $ 400.00 $ Excavation - Common (Offsite) (EV) (P CY 509.00 509.00 0.00 $ 28.00 $ 14,252.00 S 14,252.00 $ 11 Muck Excavation (EV) (P) - Mgmt Lvl r10 2 Landfill Dis CY 712.00 712.00 0.00 $ 35.00 $ 24,920.00 $ 24,920.00 $ Muck Excavation (EV) P) - Mgmt Lvl 12 1 (Offsite Di( CY 185.00 185.00 0.00 $ 30.00 $ 5,550.00 5 5,SSO.00 $ 13 Dewatering LS 1.00 1.00 0.00 $ 2,SW.00 $ 2,500.00 $ 2,SOO.00 $ 14 Bituminous Patching Mixture SY 23.00 30.00 7.00 $ 220.00 $ 6,600.00 $ 5,060.00 $ 1,540.00 15 Curb & Gutter Design Surmountable LF 21.00 21.00 0.00 $ 100.00 $ 2,100.00 $ 2,100.00 $ 16 15' RC Pipe Culvert Class V LF 15.00 15.00 0.00 $ 80.00 $ 1,200.00 $ 1,200.00 $ 17 15" RC Pipe Apron EA 1.00 1.00 0.00 $ 1,500.00 $ 1,SOO.00 $ 1,500.00 $ 18 Trash Guard for 15" Pipe Apron EA 1.00 1.00 0.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 19 Trash Guard for 33" Pipe Apron EA 1.00 1.00 0.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 20 Construct Drainage Structure Des: 72" CB w/ 4' Sump EA 1.00 1.00 0.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 21 Construct Drainage Structure Des: 48" OCS EA 1.00 1.00 0.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 22 Geotextile Filter Type IV SY 20.00 20.00 0.00 $ 4.00 $ 80.00 $ 80.00 $ 23 Random Riprap CL III CY 33.00 33.00 0.00 $ 115.00 $ 3,795.00 $ 3,795.00 $ 24 Traffic Control IS 1.00 1.00 0.00 $ 1,00o.00 $ 1,000.00 $ 1,000.00 $ 25 Install Sign Type- Wetland Buffer EA 2.00 2.00 0.00 $ 250.00 $ 500.00 $ 500.00 $ 26 Stabilized Construction Exit IS 1.00 1.00 0.00 $ 500.00 $ 500.00 $ 500.00 $ 27 Storm Drain Inlet Protection EA 5.00 5.00 0.00 $ 200.00 $ 1,000.00 $ 1,000.00 $ 28 Floatation Silt Curtain Type Still Water (Containment) LF 43 43 0.00 $ 15.00 $ 645.00 $ 645.00 $ 29 Sediment Control Log Type Wood Fiber LF 41 41 0.00 $ 3.00 $ 123.00 $ 123.00 $ 30 Rolled Erosion Prevention Category 20 SY 550 2,065 1,515.00 $ 3.00 $ 6,195.00 $ 1,650.00 $ 4,545.00 Rolled Erosion Prevention Category 31 35 DeKoWe 700 SY 47 129 82.00 $ 5.00 $ 645.00 $ 235.00 $ 410.00 32 Seeding ACRE 0 0 0.00 $ 1,500.00 $ 375.00 $ 375.00 $ Seed Mudure MnDOT Seed Mix 33 SSW @ 35 Ibs acre LB 27.00 27.00 0.00 $ 5.00 $ 135.00 $ 135.00 $ - TOTAL CHANGE ORDER NO.1 $ 117,415.00 $ 110,878.00 $ 6,537.00 Page 60 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Receive Quotes and Award a Contract for the 2026 ReLeaf Community Forestry Grant Ash Tree & Stump Removal Meeting: Regular Council - Sep 21 2026 INTRODUCTION: In July of 2026, the City Council approved the Minnesota Department of Natural Resources 2025 ReLeaf Community Forestry Grant Contract Agreement. The $204,000 grant, with no City match required, will be used to remove and replace diseased ash trees, and conduct tree pruning, within multiple Dakota County Estates additions located east of Pilot Knob Road at the north end of the city. This phase of the project involves the removal of 133 ash trees and stumps in the locations shown on the attached map. A tree planting contract for this area will be developed and bid in 2027. DISCUSSION: For the 133 locations identified in the quote documents, the quote amount includes: • Contractor shall inform residents of tree removal one week in advance of work; renotification is required if schedule is altered. • Stumps are to be ground and shavings removed. • Quality fill and seed are to be used for restoration according to City specifications. • Allowable working hours are weekdays from 7 am to 7 pm. Quotes were solicited from 18 contractors familiar with city requirements; four responsive quotes were received as shown on the attached tabulation and summarized as follows: Contractor Birch Tree Care, LLC Castle Rock Contracting Davey Tree Service Carr's Tree Service Total Amount $ 125,818.00 $ 133,000.00 $ 222,345.00 $ 228,452.00 The low quote is from Birch Tree Care, LLC for the total amount of $125,818.00; the Page 61 of 403 completion date for this work is November 20, 2026. Staff has contacted other communities in which Birch Tree Care has completed similar work and received satisfactory responses. BUDGET IMPACT: Costs related to this work will be reimbursed via the City's grant received from the Minnesota Natural Resources ReLeaf Community Forestry Grant program. The average removal cost of $946 is about 5.1 % more than the $900 per tree removal cost included in the City's grant application. ACTION REQUESTED: Staff recommends acceptance of the quotes and award of a contract for the 2026 ReLeaf Community Forestry Grant Ash Tree & Stump Removal project to Birch Tree Care, LLC for the quoted amount of $125,818.00 and authorizes the Mayor and City Clerk to execute same. ATTACHMENTS: 26-24 Quote Tabulation FINAL 26-24 2026 Releaf Grant Ash Removals Map 26-24 Standard Agreement for Contract Services Birch Tree Care Page 62 of 403 QUOTETABULATION QUOTES DUE: September 10, 2026 AT 10:00 AM CP 26-242026 Re Leaf Grant Ash Tree and Stump Removal CITY OF FARMINGTON TOTAL QUOTE: $125,818.00 $233,000.00 $222,345.00 $228,452.00 Birch Tree Care Castle Rock Contracting Davey Tree Service Carr's Tree Service TREE STUMP TREE STUMP TREE STUMP TREE STUMP REMOVAL REM/REST THISTREE REMOVAL REM/REST THISTREE REMOVAL REM/REST THISTREE REMOVAL REM/REST THISTREE TREEID ADDRESS DBH AMOUNT AMOUNT TOTAL PRICE AMOUNT AMOUNT TOTAL PRICE AMOUNT AMOUNT TOTALPRICE AMOUNT AMOUNT TOTAL PRICE 7439 5151180th St W 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 7440 5151180th St W 17 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 289.00 $ 1,279.00 $ 935.00 $ 459.00 $ 1,394.00 7441 5151180th St W 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 7442 5151180th St W 16 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 272.00 $ 1,262.00 $ 880.00 $ 432.00 $ 1,312.00 7445 5163180th St W 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 7447 5199180th St W 29 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,227.00 $ 493.00 $ 2,720.00 $ 1,595.00 $ 783.00 $ 2,378.00 7448 5211180th St W 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,237.00 $ 374.00 $ 1,611.00 $ 1,210.00 $ 594.00 $ 1,804.00 7449 5223180th St W 23 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 391.00 $ 1,381.00 $ 1,265.00 $ 621.00 $ 1,886.00 7452 5253180th St W 28 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,980.00 $ 476.00 $ 2,456.00 $ 1,540.00 $ 756.00 $ 2,296.00 7453 5253180th St W 26 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,980.00 $ 442.00 $ 2,422.00 $ 1,430.00 $ 702.00 $ 2,132.00 7454 17990 Embers Ave 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 340.00 $ 1,330.00 $ 1,100.00 $ 540.00 $ 1,640.00 7456 5317180th St W 25 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 425.00 $ 1,910.00 $ 1,375.00 $ 675.00 $ 2,050.00 7457 5341180th St W 23 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,237.00 $ 391.00 $ 1,628.00 $ 1,265.00 $ 621.00 $ 1,886.00 7459 5395180th St W 25 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 425.00 $ 1,910.00 $ 1,375.00 $ 675.00 $ 2,060.00 7460 5395180th St W 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 7468 5310180th St W 18 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 306.00 $ 1,296.00 $ 990.00 $ 486.00 $ 1,476.00 7472 5194180th St 17 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 289.00 $ 1,279.00 $ 935.00 $ 459.00 $ 1,394.00 7473 5182180th St W 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 357.00 $ 1,347.00 $ 1,155.00 $ 567.00 $ 1,722.00 7474 5170180th St W 25 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,237.00 $ 425.00 $ 1,662.00 $ 1,375.00 $ 675.00 $ 2,050.00 7476 18005 Elgin Ave 18 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 306.00 $ 1,296.00 $ 990.00 $ 486.00 $ 1,476.00 7478 18129 Echo Or 26 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,980.00 $ 442.00 $ 2,422.00 $ 1,430.00 $ 702.00 $ 2,132.00 7482 18065 Echo Or 16 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 742.00 $ 272.00 $ 1,014.00 $ 880.00 $ 432.00 $ 1,312.00 7483 18055 Echo Or 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 340.00 $ 1,330.00 $ 1,100.00 $ 540.00 $ 1,640.00 7484 18045 Echo Or 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 340.00 $ 1,330.00 $ 1,100.00 $ 540.00 $ 1,640.00 7485 18025Echo Or 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,732.00 $ 374.00 $ 2,106.00 $ 1,210.00 $ 594.00 $ 1,804.00 7486 18030 Echo Or 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 357.00 $ 1,842.00 $ 1,155.00 $ 567.00 $ 1,722.00 7488 18060Echo Or 27 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,227.00 $ 459.00 $ 2,686.00 $ 1,485.00 $ 729.00 $ 2,214.00 7490 18110 Echo Or 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 357.00 $ 1,842.00 $ 1,155.00 $ 567.00 $ 1,722.00 7491 18120 Echo Or 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 357.00 $ 1,347.00 $ 1,155.00 $ 567.00 $ 1,722.00 7494 18170 Echo Or 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,980.00 $ 374.00 $ 2,354.00 $ 1,210.00 $ 594.00 $ 1,804.00 7495 18159 Echo Terr 18 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 742.00 $ 306.00 $ 1,048.00 $ 990.00 $ 486.00 $ 1,476.00 7496 18155 Echo Terr 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 7500 18065 Elgin Ave 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 340.00 $ 1,330.00 $ 1,100.00 $ 540.00 $ 1,640.00 7501 18055 Elgin Ave 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 340.00 $ 1,330.00 $ 1,100.00 $ 540.00 $ 1,640.00 7502 18045 Elgin Ave 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 374.00 $ 1,859.00 $ 1,210.00 $ 594.00 $ 1,804.00 7503 18025 Elgin Ave 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 357.00 $ 1,842.00 $ 1,155.00 $ 567.00 $ 1,722.00 7504 18005 Echo Or 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,980.00 $ 374.00 $ 2,354.00 $ 1,210.00 $ 594.00 $ 1,804.00 7505 18005 Echo Or 25 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,475.00 $ 425.00 $ 2,900.00 $ 1,375.00 $ 675.00 $ 2,050.00 7506 18005 Echo Or 16 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 495.00 $ 272.00 $ 767.00 $ 880.00 $ 432.00 $ 1,312.00 7508 18005 Echo Or 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,475.00 $ 357.00 $ 2,832.00 $ 1,155.00 $ 567.00 $ 1,722.00 7509 18030 Elgin Ave 24 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,735.00 $ 408.00 $ 2,143.00 $ 1,320.00 $ 648.00 $ 1,968.00 7510 18050 Elgin Ave 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 7514 18125 Echo Terr 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,735.00 $ 374.00 $ 2,109.00 $ 1,210.00 $ 594.00 $ 1,804.00 7516 18101 Echo Terr 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,735.00 $ 357.00 $ 2,092.00 $ 1,155.00 $ 567.00 $ 1,722.00 7517 18095 Echo Terr 24 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,722.00 $ 408.00 $ 3,130.00 $ 1,320.00 $ 648.00 $ 1,968.00 7519 18075 Echo Terr 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,980.00 $ 374.00 $ 2,354.00 $ 1,210.00 $ 594.00 $ 1,804.00 7521 18040 Echo Terr 23 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 391.00 $ 1,876.00 $ 1,265.00 $ 621.00 $ 1,886.00 7524 18070 Echo Terr 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 374.00 $ 1,364.00 $ 1,210.00 $ 594.00 $ 1,804.00 7525 18080 Echo Terr 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 7526 18100 Echo Terr 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 340.00 $ 1,825.00 $ 1,100.00 $ 540.00 $ 1,640.00 7527 18110 Echo Terr 14 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 495.00 $ 238.00 $ 733.00 $ 770.00 $ 378.00 $ 1,148.00 7533 18155 Empire Trl 28 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,970.00 $ 476.00 $ 3,446.00 $ 1,540.00 $ 756.00 $ 2,296.00 7535 18115 Empire Trl 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,735.00 $ 340.00 $ 2,075.00 $ 1,100.00 $ 540.00 $ 1,640.00 7546 18115 Emerald Trl 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 742.00 $ 323.00 $ 1,065.00 $ 1,045.00 $ 513.00 $ 1,558.00 7549 18050 Emerald Trl 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 7553 18055 Ely Ave 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,735.00 $ 374.00 $ 2,109.00 $ 1,210.00 $ 594.00 $ 1,804.00 7554 18036Ely Ave 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 340.00 $ 1,330.00 $ 1,100.00 $ 540.00 $ 1,640.00 7555 18056 Ely Ave 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 357.00 $ 1,347.00 $ 1,155.00 $ 567.00 $ 1,722.00 7556 18096 Ely Ave 23 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,735.00 $ 391.00 $ 2,126.00 $ 1,265.00 $ 621.00 $ 1,886.00 7557 18126 Ely Ave 24 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 408.00 $ 1,893.00 $ 1,320.00 $ 648.00 $ 1,968.00 7558 18015 Ellice Ln 16 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 495.00 $ 272.00 $ 767.00 $ 880.00 $ 432.00 $ 1,312.00 7559 18146 Ellice Ln 23 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 391.00 $ 1,381.00 $ 1,265.00 $ 621.00 $ 1,886.00 7560 18221 Elkwood Ave 23 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 391.00 $ 1,381.00 $ 1,265.00 $ 621.00 $ 1,886.00 7576 18226 Echo Or 28 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,227.00 $ 476.00 $ 2,703.00 $ 1,540.00 $ 756.00 $ 2,296.00 7577 18273 Emerald Trl 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,237.00 $ 323.00 $ 1,560.00 $ 1,045.00 $ 513.00 $ 1,558.00 7579 18267 Emerald Trl 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,237.00 $ 323.00 $ 1,560.00 $ 1,045.00 $ 513.00 $ 1,558.00 7580 18268 Emerald Trl 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 374.00 $ 1,364.00 $ 1,210.00 $ 594.00 $ 1,804.00 7584 18264 Emerald Trl 24 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 408.00 $ 1,893.00 $ 1,320.00 $ 648.00 $ 1,968.00 7586 18261 Emerald Trl 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 374.00 $ 1,364.00 $ 1,210.00 $ 594.00 $ 1,804.00 7588 18240 Elkwood Ave 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 7589 18253 Emerald Trl 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 340.00 $ 1,330.00 $ 1,100.00 $ 540.00 $ 1,640.00 7590 18243 Emerald Cir 26 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,237.00 $ 442.00 $ 1,679.00 $ 1,430.00 $ 702.00 $ 2,132.00 7591 18241 Emerald Cir 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 7592 18239 Emerald Cir 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 374.00 $ 1,364.00 $ 1,210.00 $ 594.00 $ 1,804.00 7593 18237 Emerald Trl 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 495.00 $ 323.00 $ 818.00 $ 1,045.00 $ 513.00 $ 1,558.00 7597 18209 Emerald Trl 23 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,475.00 $ 391.00 $ 2,866.00 $ 1,265.00 $ 621.00 $ 1,886.00 7598 5370 Upper 182nd St 18 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 495.00 $ 306.00 $ 801.00 $ 990.00 $ 486.00 $ 1,476.00 7599 18211 Empire Trl 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 374.00 $ 1,859.00 $ 1,210.00 $ 594.00 $ 1,804.00 7601 18215 Empire Trl 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,237.00 $ 340.00 $ 1,577.00 $ 1,100.00 $ 540.00 $ 1,640.00 7602 18216Empire Tit 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,980.00 $ 357.00 $ 2,337.00 $ 1,155.00 E343 rtfg.Cr, 11 r,1p34.fj Upper 183rd St W 25 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,227.00 $ 425.00 $ 2,652.00 $ 1,375.00 $ 675.00 $ 2,050.00 Upper 183rd St 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 357.00 $ 1,347.00 $ 1,155.00 $ 567.00 $ 1,722.00 Upper 183rd St W 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 t Echo Dr 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 357.00 $ 1,347.00 $ 1,155.00 $ 567.00 $ 1,722.00 1 Echo Dr 16 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 495.00 $ 272.00 $ 767.00 $ 880.00 $ 432.00 $ 1,312.00 t Echo Dr 16 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 495.00 $ 272.00 $ 767.00 $ 880.00 $ 432.00 $ 1,312.00 Lower 183rd St W 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,237.00 $ 323.00 $ 1,560.00 $ 1,045.00 $ 513.00 $ 1,558.00 Lower 183rd St W 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,237.00 $ 323.00 $ 1,560.00 $ 1,045.00 $ 513.00 $ 1,558.00 183rd St W 24 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 408.00 $ 1,398.00 $ 1,320.00 $ 648.00 $ 1,968.00 183rd St W 26 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,732.00 $ 442.00 $ 2,174.00 $ 1,430.00 $ 702.00 $ 2,132.00 183rd St W 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 340.00 $ 1,330.00 $ 1,100.00 $ 540.00 $ 1,640.00 183rd St W 18 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 306.00 $ 1,296.00 $ 990.00 $ 486.00 $ 1,476.00 183rd St W 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 183rd St W 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 340.00 $ 1,825.00 $ 1,100.00 $ 540.00 $ 1,640.00 183rd St W 18 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 306.00 $ 1,296.00 $ 990.00 $ 486.00 $ 1,476.00 183rd St W 17 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 495.00 $ 289.00 $ 784.00 $ 935.00 $ 459.00 $ 1,394.00 Lower 183rd St W 30 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 3,712.00 $ 510.00 $ 4,222.00 $ 1,650.00 $ 810.00 $ 2,460.00 Lower 183rd St 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 357.00 $ 1,842.00 $ 1,155.00 $ 567.00 $ 1,722.00 Lower 183rd St 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 340.00 $ 1,330.00 $ 1,100.00 $ 540.00 $ 1,640.00 Lower 183rd St 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,237.00 $ 357.00 $ 1,594.00 $ 1,155.00 $ 567.00 $ 1,722.00 Lower 183rd St W 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 374.00 $ 1,364.00 $ 1,210.00 $ 594.00 $ 1,804.00 Lower 183rd St W 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,980.00 $ 374.00 $ 2,354.00 $ 1,210.00 $ 594.00 $ 1,804.00 i Embers Ave 23 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,980.00 $ 391.00 $ 2,371.00 $ 1,265.00 $ 621.00 $ 1,886.00 )Embers Ave 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 340.00 $ 1,330.00 $ 1,100.00 $ 540.00 $ 1,640.00 2 Embers Ave 28 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,237.00 $ 476.00 $ 1,713.00 $ 1,540.00 $ 756.00 $ 2,296.00 )Embers Ave 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 357.00 $ 1,347.00 $ 1,155.00 $ 567.00 $ 1,722.00 183rd St W 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 340.00 $ 1,825.00 $ 1,100.00 $ 540.00 $ 1,640.00 183rd St W 25 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,227.00 $ 425.00 $ 2,652.00 $ 1,375.00 $ 675.00 $ 2,050.00 183rd St W 18 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 495.00 $ 306.00 $ 801.00 $ 990.00 $ 486.00 $ 1,476.00 183rd St W 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 340.00 $ 1,330.00 $ 1,100.00 $ 540.00 $ 1,640.00 183rd St W 18 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 306.00 $ 1,296.00 $ 990.00 $ 486.00 $ 1,476.00 i Elm Tree Cir 23 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 391.00 $ 1,381.00 $ 1,265.00 $ 621.00 $ 1,886.00 l Elm Tree C i r 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 357.00 $ 1,842.00 $ 1,155.00 $ 567.00 $ 1,722.00 I Elm Tree Cir 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 L Elm Tree C i r 17 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 742.00 $ 289.00 $ 1,031.00 $ 935.00 $ 459.00 $ 1,394.00 183RD ST W 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 742.00 $ 340.00 $ 1,082.00 $ 1,100.00 $ 540.00 $ 1,640.00 183rd St 26 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,732.00 $ 442.00 $ 2,174.00 $ 1,430.00 $ 702.00 $ 2,132.00 183rd St W 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 Upper 183rd St 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 357.00 $ 1,842.00 $ 1,155.00 $ 567.00 $ 1,722.00 Upper 183rd St W 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,475.00 $ 374.00 $ 2,849.00 $ 1,210.00 $ 594.00 $ 1,804.00 Upper 183rd St W 24 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,980.00 $ 408.00 $ 2,388.00 $ 1,320.00 $ 648.00 $ 1,968.00 Upper 183rd St W 15 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 742.00 $ 255.00 $ 997.00 $ 825.00 $ 405.00 $ 1,230.00 Upper 183rd St W 15 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 742.00 $ 255.00 $ 997.00 $ 825.00 $ 405.00 $ 1,230.00 Upper 183rd St 21 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 357.00 $ 1,347.00 $ 1,155.00 $ 567.00 $ 1,722.00 Upper 183rd St 22 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,732.00 $ 374.00 $ 2,106.00 $ 1,210.00 $ 594.00 $ 1,804.00 Upper 183rd St W 18 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 306.00 $ 1,296.00 $ 990.00 $ 486.00 $ 1,476.00 Upper 183rd St W 25 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,475.00 $ 425.00 $ 2,900.00 $ 1,375.00 $ 675.00 $ 2,050.00 Upper 183rd St W 18 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 495.00 $ 306.00 $ 801.00 $ 990.00 $ 486.00 $ 1,476.00 Upper 183rd St W 25 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 2,475.00 $ 425.00 $ 2,900.00 $ 1,375.00 $ 675.00 $ 2,050.00 3 Embers Ave 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,485.00 $ 323.00 $ 1,808.00 $ 1,045.00 $ 513.00 $ 1,558.00 Embers Ave 20 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,732.00 $ 340.00 $ 2,072.00 $ 1,100.00 $ 540.00 $ 1,640.00 180th St W W 19 $ 684.00 $ 262.00 $ 946.00 $ 500.00 $ 500.00 $ 1,000.00 $ 990.00 $ 323.00 $ 1,313.00 $ 1,045.00 $ 513.00 $ 1,558.00 i Elgin Ave. 10 1 $ 684.00 $ 262.00 $ 946.001 $ 500.00 $ 500.00 $ 1,000.00 $ 248.00 $ 170.00 $ 418.001 $ 550.00 $ 270.00 $ 820.00 $ 125,818.00 $ 133,000.00 $ 222,345.00 $ 228,452.00 Indicates error in original quote document Page 64 of 403 FARMINGTON STANDARD AGREEMENT FOR CONTRACT SERVICES This Agreement ("Agreement") is made on the 215t day of September, 2026, between the City of Farmington, Minnesota (hereinafter "city"), whose business address is 430 Third Street, Farmington, Minnesota 55024, and Birch Tree Care, LLC a Minnesota Limited Liability Company (hereinafter "Vendor") whose business address is 4343 White Bear Parkway, Vadnais Heights, MN 55110 Preliminary Statement The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Vendor for Tree Services hereinafter referred to as the "Work". The city and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform, and complete all the provisions of the Work in accordance with the specifications, and quotes attached as Exhibit A. The terms of this Contract shall take precedence over any provisions of the Vendor's proposal and/or general conditions. All Work under the Municipal Program shall be initiated by a notice to proceed from the city. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by 1112012026 3. Compensation for Services. City agrees to pay the Vendor based on the fees submitted in the proposal as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract. 4. Method of Payment. Payment for tree and stump removals will be made within thirty (30) days of acceptance of the work. The contractor is required to submit an invoice after satisfactory completion of the work and each invoice shall include the following: date work was completed, address/facility/area where work was performed, and any other pertinent information. No travel time will be paid. A Certificate of Withholding State Income Tax (Form IC134) must be submitted with the invoice for the payment to be processed. 5. Invoices shall be submitted to accountspayable@FarmingtonMN.gov City of Farmington Attn: Finance Department 430 Third Street Farmington, MN 55024 Page 1 of 6 Page 66 of 403 FARMINGTON STANDARD AGREEMENT FOR CONTRACT SERVICES _M=ww� 6. Staffing. The Vendor has designated Paul Asleson to manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the city. 7. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Dakota County, Minnesota. 8. Bonds. The contractor will be required to provide separate Performance and Payment Bonds which are to be submitted utilizing EJCDC Form C-610 and C-615 (2018 Edition) or a similar bond form, if approved by Owner. All bonds shall be in a form acceptable to Owner and shall fulfill statutory requirements. 9. Insurance. The contractor, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: A. General Liability. The contractor shall maintain Commercial General Liability Insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal injury, advertising injury, and contractually assumed liability. The city, including its elected and appointed officials, employees, and agents, shall be endorsed as additional insured. B. Automobile Liability. If the contractor operates a motor vehicle in performing the Services under this Agreement, the contractor shall maintain Business Automobile Liability Insurance, including owned, hired, and non -owned automobiles, with a minimum combined single liability limit of $1,000,000 per occurrence. C. Professional (Errors and Omissions) Liability. [Only required for professional services provided by accountants, attorneys, engineers, consultants, etc.] The contractor shall maintain Professional Liability Insurance for all claims the contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to contractor's professional services required under this Agreement. The contractor is required to carry the following minimum limits: $1,000,000 per occurrence; $2,000,000 annual aggregate. The retroactive or prior acts date of such coverage shall not be after the effective date of this Agreement and the contractor shall maintain such insurance for a period of at least two (2) years, following completion of the Services. If such insurance is discontinued, extended reporting period/tail coverage must be obtained by the contractor to fulfill this requirement. Page 2 of 6 Page 67 of 403 FARMINGTON STANDARD AGREEMENT FOR CONTRACT SERVICES D. Workers' Compensation. The contractor shall maintain Workers' Compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. The contractor shall also carry Employers' Liability Coverage with minimum limits as follows: • $500,000 — Bodily Injury by Disease per employee • $500,000 — Bodily Injury by Disease aggregate • $500,000 — Bodily Injury by Accident E. Additional Insurance Conditions. 1. The contractor shall, prior to commencing the Services, deliver to the city a Certificate of Insurance as evidence that the above coverage is in full force and effect. 2. The insurance requirements maybe met through any combination of primary and umbrella/excess insurance. The city must be named as an additional insured on any umbrella/excess policy. 3. The contractor's policies shall be primary insurance and non-contributory to any other valid and collectible insurance available to the city with respect to any claim arising out of the contractor's performance under this Agreement. 4. The contractor's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days' advanced written notice to the city, or ten (10) days' written notice for non-payment of premium. 10. Indemnification. Vendor will defend and indemnify city, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. The city will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the city, its officers, agents, or employees. Page 3 of 6 Page 68 of 403 FARMINGTON STANDARD AGREEMENT FOR CONTRACT SERVICES 11. Termination. This contract may be terminated by either party by thirty (30) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 12. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the city. No statement herein shall be construed so as to find the Vendor an employee of the city. 13. Non -Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363A.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990, as amended. 14. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the city. 15. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the city. 16. Compliance with Laws and Regulations. Vendor is responsible for knowing of and abiding by all statutes, ordinances, rules and regulations pertaining to the type of services provided pursuant to this Contract; including, as applicable, the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Pursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Minnesota Rules 5200.1000 to 5200.1120, this contract is subject to the prevailing wages as established by the Minnesota Department of Labor and Industry. Specifically, all contractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or criminal penalties. Page 4 of 6 Page 69 of 403 FARMINGTON STANDARD AGREEMENT FOR CONTRACT SERVICES 17. Audits and Data Practices. The books, records, documents, and accounting procedures and practices of the Vendor or other parties relevant to this agreement are subject to examination by the city and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the city during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 18. Conflicts. No salaried officer or employee of the city and no member of the Council, or Commission, or Board of the city shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 19. Utilities. The contractor shall be obligated to protect all public and private utilities, streets, or roadways, whether occupying a street or public or private property. If such utilities, streets or roadways are damaged by reason of the contractor's performance of the services required under the contract, the contractor shall repair or replace the same, or failing to do so promptly, the city shall cause repairs or replacement to be made and the cost of doing so shall be deducted from payment to be made to the contractor for tree services. 20. Damages. In the event of a breach of this Contract by the city, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 22. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. Page 5 of 6 Page 70 of 403 FARMINGTON STANDARD AGREEMENT FOR CONTRACT SERVICES 23. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first written above. The Work will be completed on or before 11- 20-2026 and ready for final payment. Final payment will be made thirty (30) days after final acceptance of the Work by the city. CITY OF FARMINGTON Nicholas Lien, Mayor Melissa Geis, City Clerk BIRCH TREE CARE, LLC By: Its: Page 6 of 6 Page 71 of 403 ■ T FARMINGTON SPECIFICATIONS STANDARDS AND SPECIFICATONS FOR CONTRACTED TREE SERVICES A. TREE REMOVAL: Each tree shall be removed in a safe manner using (American National Standards Institute) Z133 Safety Standards. The trees to be removed will be plainly marked by the city with a pink "X" on the bark. All trees to be removed are on public property. 1. Trees shall be cut off within 4" of ground -level and all tree parts removed and disposed. 2. Work shall occur within the public street as much as possible to minimize site damage in the public right-of-way and adjacent private property. 3. All trimmings, stumps, roots, logs, sod, or any other form of debris resulting from any work shall be cleaned up and removed from the site by the Contractor in compliance with state and local regulations at the end of each shift. All Elm, Ash, Red Oak, or Pin Oak shall be delivered promptly to a licensed compost facility, in compliance with state and local regulations. 4. Any damaged branches on surrounding trees and vegetation must be pruned and removed according to ANSI A300 Pruning Standards. 5. The city will not allow the preparing of firewood; i.e. cut to short lengths or removing the bark. B. STUMP REMOVAL: The stumps to be removed will be plainly marked by the city with a white "X" on the trunks. If buried infrastructure is encountered and measures taken to avoid them involve deviation from these standards, the Contractor will be responsible for notifying the Natural Resources Specialist or representative. 1. All labor, equipment, and materials necessary for removal, disposal, and backfilling of stumps and all surface roots shall be provided by the Contractor and included in quote prices. 2. The grinding will include the stump, root flare and large surface roots to a minimum depth of eight (8) inches below grade. It shall further include removing all debris from ground stumps, backfilling the hole with a 50/50 blend of compost/black dirt. Dirt must be added to fill removal site and provide substrate for grass seed, at a quantity to exceed grade by three (3) to four (4) inches to accommodate settling of the site. Perennial rye/bluegrass grass seed with mulch pellets must be applied to the grinding site (at rate specified by seed package for seeding new lawns), lightly raked, and tamped down into soil. Submit materials before start of the project. If turf or landscaping adjacent to stump is damaged it shall be restored to its original condition. Holes are not to be left open overnight. Backfill shall not be lower than the existing lawn grade following thirty (30) calendar days of completed work. Any work deemed by the city to be incomplete or of poor quality after work Page 1 of 4 Page 72 of 403 FARMINGTON STANDARDS AND SPECIFICATONS FOR CONTRACTED TREE SERVICES completion will necessitate the contractor to revisit and finish, clean, or restore the site to satisfactory condition. 3. Large surface roots beyond the main stump are to be removed to a depth of eight (8) inches below grade. 4. All brush, stumps, roots, logs, sod, or any other form of debris resulting from any work shall be cleaned up and removed from the site by the Contractor in compliance with state and local regulations, disposal costs included in quote prices. Area surrounding stump will be raked, cleaned, and restored to satisfactory condition following completion of stump removal. 5. Any holes left in removal work areas shall be filled with soil equal to or better than adjacent areas. No brush, chips, stumps, etc. shall be used as filler in such holes. 6. Any delays in work, deviations in the previously agreed upon schedule and renotification of residents shall be reported in writing to the Natural Resource Specialist or representative as soon as possible. C. EQUIPMENT STANDARDS: The Contractor shall furnish all necessary machinery, tools, labor, and material required, and shall fully complete the work in accordance with the Project Description. All equipment used for this project shall be of appropriate size for the work, in proper mechanical condition, and meet all required safety inspections. D. UTILITIES: The Contractor is responsible for all utility locates (notifying Gopher State One -Call). E. SAFETY STANDARDS: The Contractor must use work methods, safety procedures and personal protective equipment conforming to all ANSI A300, Z133 and OSHA standards in performing the work under this contract. Precautions shall be exercised at all times for the protection of persons (including employees) and property. The safety provision of applicable laws shall be observed. F. TRAFFIC CONTROL DEVICES: The Contractor shall furnish, install, maintain, and remove all traffic control devices required to provide safe movement of vehicular, pedestrian, and bicycle traffic through the project during the life of the contract from the start of operations to the final completion thereof. All temporary traffic control required under this contract shall be performed as incidental work for which no direct payment will be made. All traffic control devices shall conform and be installed in accordance to the "Minnesota Manual on Uniform Traffic Control Devices" (MN MUTCD) and Part 6, "Field Manual for Temporary Traffic Control Zone Layouts," the "Guide to Establishing Speed Limits in Highway Work Zones," the Minnesota Flagging Handbook, the provisions of MnDOT 1404 and 1710, the Minnesota Standard Signs Manual, the Traffic Engineering Manual, and these special provisions. Page 2 of 4 Page 73 of 403 FARMINGTON STANDARDS AND SPECIFICATONS FOR CONTRACTED TREE SERVICES G. PROTECTION AND RESTORATION OF PROPERTY: The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, plants, lawns, fences, culverts, bridges, pavement, driveways, sidewalks, etc.; all water, sewer, and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private along or adjacent to the work. The work performed is to be at the Contractor's risk and they assume the responsibility for all damages to the work or to the entire project until its completion and acceptance. The Contractor shall repair all sod damage resulting from the Work by placement of premium topsoil, lawn seed, and fertilizer, and covering with MnDOT category 1 erosion control blanket. H. PROPERTY ACCESS AND NOTIFICATION: The contractor shall not enter private property without having previously obtained permission from the property owner. Contractor shall be responsible for informing Farmington residents of tree removals adjacent to the tree marked for removal. Only residents with marked trees in front of their residence need to be notified. Notice of removal must be in the form of a door hanger or postcard stating the week of expected removal and contractor representative contact information. Notice can be given no more than one (1) week in advance. Renotification will be required if schedule is altered. I. METHOD OF MEASURE: Each tree shall be measured and categorized by the city and may be verified at any time by the Contractor. The tree's diameter shall be diameter of the tree at breast height 4.5 feet above the ground line. The diameter of the tree shall be referred to as diameter at breast height (DBH). In the case of sloping ground, the point of measure of the circumference shall be at an average distance of 4.5 feet above ground line. If the tree is forked at a point no less than 4.5 feet above the ground, the diameter will be measured individually. Stumps will be measured across the diameter of the surface of the stump to include root flares at ground level. J. INSPECTION: The Contractor will be expected to perform all work in such a manner as to achieve the best possible results for the desired outcome(s). The city reserves the right to base payment on performance after doing an on -site inspection after work is complete. If the Contractor does not perform the work in a satisfactory manner the city may require it to be done over at the Contractor's cost. The city also reserves the right to assess damages or require restoration, at the Contractor's cost. K. PAYMENT: Payment for tree removals will be made within thirty (30) days of acceptance of the work. Invoices will include the address, quantities and the unit price(s)quoted. Payment of each invoice shall be made after satisfactory completion and acceptance of the work. Calculation of payment shall only include the quoted tree unit price. Page 3 of 4 Page 74 of 403 FARMINGTON STANDARDS AND SPECIFICATONS FOR CONTRACTED TREE SERVICES L. LABOR: Only competent labor shall be employed on this work. Wherever mechanical work is required, it shall be performed by skilled labor. The superintendent or other person directing the work shall be competent and reliable. The superintendent shall be authorized to accept and act upon all directives issued by the Natural Resource Specialist or representative. Please see attachments for qualifications. M. HOURS OF OPERATION: Allowable working hours within the City of Farmington are weekdays from 7:00 a.m. to 7:00 p.m., except for emergency situations. It shall be the Contractor's responsibility to maintain all stages of work in a safe and suitable condition at all times, including nights, weekends, and holidays. The Contractor shall make observations of his work during such periods as are necessary to ensure proper performance thereof. The Contractor shall designate a superintendent who shall have charge of the job and to whom the city shall give directions. Forty-eight (48) hours advance notice shall be required for weekend work, with written authorization from Natural Resource Specialist or representative. Page 4 of 4 Page 75 of 403 FAR -MIN GTON To Whom It May Concern: QUOTE FORM CONTRACTED TREE SERVICES The undersigned, as Contractor, hereby proposes and agrees to enter into independent contracts with the City of Farmington ("city") to supply all labor, materials and equipment necessary to provide contracted tree services in accordance with the specifications and other pertinent requirements prepared and distributed by the city and in strict accordance with the prices quote by the Contractor. Contractor: ti\n Contractor's Representative: V,,EV1 AAL,Gil'" Contractor is: (check one) £ Sole Proprietorship £ Partnership £ Corporation existing under State of MW - h (/" £ Other (specify) Principal Address: I.j 5A-5 W1',k j�U Pll�v� Phone Number: U51 •- '51-) L} 0 � o E-mail Address: Dµvyl } b��i,�,•irr4 6vy-t G ' Please refer to Attachment (L) for maps of tree locations. Each tree is marked with a pink "X." Tree ID Nearest Address DBH Tree Stump Total 7439 5151180th St W 19 oLt I - 00 a4 � . Q 7440 5151180th St W 17 %k 7441 5151180th St W 19 7442 5151180th St W 16 7445 5163180th St W 19 7447 5199180th St W 29 7448 5211180th St W 22 7449 5223180th St W 23 7452 5253180th St W 28 7453 5253180th St W 26 7454 17990 Embers Ave 20 7456 5317180th St W 25 7457 5341180th St W 23 7459 S395180th St W 25 7460 S39S 180th St W 19 7468 5310180th St W 18 7472 5194180th St 17 7473 5182180th St W 21 7474 5170180th St W 25 i Page 1 of 5 FARMINGTON QUOTE FORM CONTRACTED TREE SERVICES 7476 18005 Elgin Ave 18 ad f 2 b 2 .06) 7478 18129 Echo Dr 26 7482 18065 Echo Dr 16 7483 18055Echo Dr 20 7484 18045 Echo Dr 20 7485 18025 Echo Dr 22 7486 18030 Echo Dr 21 7488 18060 Echo Dr 27 7490 18110 Echo Dr 21 7491 18120 Echo Dr 21 7494 18170 Echo Dr 22 7495 18159 Echo Terr 18 7496 18155 Echo Terr 19 7500 18065 Elgin Ave 20 7501 18055 Elgin Ave 20 7502 18045 Elgin Ave 22 7503 18025 Elgin Ave 21 7504 18005 Echo Dr 22 7505 18005 Echo Dr 25 7506 18005 Echo Dr 16 7508 18005 Echo Dr 21 7509 18030 Elgin Ave 24 7510 18050 Elgin Ave 19 7514 18125 Echo Terr 22 7516 18101 Echo Terr 21 7517 18095 Echo Terr 24 7519 18075 Echo Terr 22 7521 18040 Echo Terr 23 7524 18070 Echo Terr 22 7525 18080 Echo Terr 19 7526 18100 Echo Terr 20 7527 18110 Echo Terr 14 7533 18155 Empire Trl 28 7535 18115 Empire Trl 20 7546 18115 Emerald Trl 19 7549 18050 Emerald Tri 19 7553 18055 Ely Ave 22 7554 18036 Ely Ave 20 7555 18056 Ely Ave 21 7556 18096 Ely Ave 23 7557 18126 Ely Ave 24 7558 18015 Ellice Ln 16 Page 2 of 5 FARMINGTON QUOTE FORM CONTRACTED TREE SERVICES 7559 18146 Ellice Ln 23 7560 18221 Elkwood Ave 23 7576 18226 Echo Dr 28 7577 18273 Emerald Trl 19 7579 18267 Emerald Tr) 19 7580 18268 Emerald Trl 22 7584 18264 Emerald Trl 24 7586 18261 Emerald Trl 22 7588 18240 Elkwood Ave 19 7589 18253 Emerald Trl 20 7590 18243 Emerald Cir 26 7591 18241 Emerald Cir 19 7592 18239 Emerald Cir 22 7593 18237 Emerald Trl 19 7597 18209 Emerald Trl 23 7598 S370 Upper 182nd St 18 7599 18211 Empire Trl 22 7601 1821S Empire Tri 20 7602 18216 Empire Trl 21 7607 5155 Upper 183rd St W 25 _ 7608 5144 Upper 183rd St W 21 7610 5134 Upper 183rd St W 19 7629 18374 Echo Dr 21 7630 18374 Echo Dr 16 7631 18374 Echo Dr 16 7634 5049 Lower 183rd St W 19 7635 5049 Lower 183rd St W 19 7639 5150 183rd St W 24 7640 5151 183rd St W 26 7641 5141 183rd St W 20 7643 5130 183rd St W 18 7644 5130 183rd St W 19 7646 5110 183rd St W 20 7648 5102 183rd St W 18 7650 5090 183rd St W 17 7661 5048 Lower 183rd St W 30 7662 5059 Lower 183rd St W 21 7663 5069 Lower 183rd St W 20 7664 5068 Lower 183rd St W 21 7674 5118 Lower 183rd St W 22 7676 5129 Lower 183rd St W 22 .... 7681 18275 Embers Ave 23 t/ ............. Page 3 of 5 Page 78 of 403 FARMINGTON QUOTE FORM CONTRACTED TREE SERVICES 7683 18209 Embers Ave 20 'di i4 ��j, l9(� Z� , �d 3 °} b • d� 7684 18192 Embers Ave 28 7685 18260 Embers Ave 21 7686 5277183rd St W 20 7689 5221183rd St W 25 7693 5190183rd St W 18 7694 5210183rd St W 20 7695 5220183rd St W 18 7696 18326 Elm Tree Cir 23 7697 18321 Elm Tree Cir 21 7698 18301 Elm Tree Cir 19 w 7699 18301 Elm Tree Cir 17 7706 5381 183RD ST W 20 7710 5333 183rd St W 26 7711 5319 183rd St W 19 7715 5255 Upper 183rd St W 21 7716 5235 Upper 183rd St W 22 7720 5174 Upper 183rd St W 24 7722 5184 Upper 183rd St W 15 7723 5194 Upper 183rd St W 15 7725 5224 Upper 183rd St W 21 7726 5244 Upper 183rd St W 22 7741 5355 Upper 183rd St W 18 4 7742 5358 Upper 183rd St W 25 7743 5344 Upper 183rd St W 18 7744 5331 Upper 183rd St W 25 7749 18349 Embers Ave 19 7750 18349 Embers Ave 20 10708w 5231 180th St W W 19 12073 18005 Elgin Ave 10 Quote TOTAL: 1 j2I 7171 06) Page 4 of 5 Page 79 of 403 FARMINGTON QUOTE FORM CONTRACTED TREE SERVICES The Contractor will not be entitled to any compensation on any item other than those listed on this quote form. In submitting this quote, it is understood the City retains the right to reject any and all quotes and to waive irregularities and informalities therein and to award the contract in the best interest of the City. Contractor hereby confirms that this quote shall be guaranteed by the Contractor for sixty (60) days from the date of quote opening to provide for sufficient time for analysis, City Council action and contract execution. Authorized Signature Date: Page 5 of 5 Page 80 of 403 t ATTACHMENT (E) FARMINGTON RESPONSIBLE CONTRACTOR VERIFICATION CONTRACTED TREE SERVICES AFFIDAVIT OF RESPONSIBLE CONTRACTOR FORM I hereby swear (or affirm) under the penalty for perjury: 1. That I am a contractor within the meaning of MINN. STAT. § 16C.285, subd 1(c); and 2. That I am in compliance with worker's compensation and unemployment insurance requirements; and 3. That I am currently registered with the Department of Revenue and the Department of Employment and. Economic Development; and 4. That I have a valid Federal Tax Identification Number; and 5. That I have filed a Certificate of Authority to transact business in Minnesota with the Secretary of State. Signed Firm Name�`�� quoter's E.I. Number: 47-3728400 (Number used on Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941) Subscribed and sworn to before me this ! day of 2026. D t Wl*,AOV LAUREN ELIZABETH MOEN (SEAL) �/// -�� Notary Pubft I +; state ofMinnesotaes Public My CommIssio 34 Notary January 3t,2D Page 1 of 1 Pace 81 Qf_4.0_3-_ CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 FarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: David Chanski, Assistant City Administrator Department: Administration Subject: Contract with Kraus -Anderson Construction for Construction Manager at Risk Services Meeting: Regular Council - Sep 21 2026 INTRODUCTION: The City Council authorized Staff to enter into contract development for Construction Manager at Risk (CMaR) services with Kraus -Anderson Construction for the Police Department Remodel & Expansion Project on August 17, 2026. Staff now seeks Council approval of that contract. DISCUSSION: The City initiated a selection process to identify a qualifications -based Construction Manager at Risk (CMAR) for the Police Department Expansion and Remodel Project in June. That process, aided by project architect BKV Group, included solicitation, evaluation, interviews, and selection process. That process ultimately resulted in the recommendation of Kraus -Anderson Construction, which was presented to Council during the August 17 City Council meeting. As Construction Manager at Risk, Kraus -Anderson will work with the City, BKV Group, and the project team during design development to provide preconstruction services, cost estimating, constructability reviews, scheduling, value analysis, and coordination. During the construction phase, Kraus -Anderson will be responsible for all construction related activities including but not limited to quality control, subcontractor management and scheduling, project and site coordination, risk management, and project communication. BUDGET IMPACT: Kraus -Anderson's services are split between preconstruction services and construction management. Preconstruction Services costs are $19,500 following a $15,280 discount upon execution of the Guaranteed Maximum Price (GMP). Construction Management fee will be 1.3% of the project's Guaranteed Maximum Price. For an estimated $16 million GMP, the fee would be $208,000. Page 82 of 403 ACTION REQUESTED: Approve the AIA Owner/Construction Manager as Constructor Agreement between the City of Farmington and Kraus -Anderson Construction Company for Construction Manager at Risk services for the Police Department Remodel & Expansion Project and authorize the Mayor and City Clerk to execute the agreement. ATTACHMENTS: Al33-2019 - Farmington PD - Final AI33ExhibitB-2019 - Farmington PD - Final A201-2017 - Farmington PD - Final Page 83 of 403 DRAFT AIA' Document A133T' - 2019 Standard Form of Agreement Between Owner and Construction Manager at Risk where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the day of in the year «two thousand twenty- six» (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) PCity of Farmington 19500 Municipal Drive Farmington, MN 55024 3 A and the Construction Manager: (Name, legal status, address, and other information) Kraus -Anderson Construction Company up 502 2nd Avenue SW Rochester, MN 55902 All references to the Construction Manager in this Agreement refer to the Constructio Manager at Risk ("CMAR" or "Construction Manager") for the following Project: (Name, location, and detailed description) Farmington Police Remodel and Expansion 19500 Municipal Drive Farmington, MN 55024 A <<>>� d The Architect: (Name, legal status, address, and other information) Ba 222 T Minr. 6< » The Owner and Construction Manager agree as follows. DITIONS AND DELETIONS: of this document added information ded for its completion. author may also have ised the text of the ginal AIA standard form. A itions and Deletions o that notes added i o ation as well as i 'ons to the standard fDrm text is available from and should be viewed. This document has important legal co equences. Consul t on with an atto e is encouraged with re ect to its completion dification. o ment A201--2017, Ge r Conditions of the Cont c for Construction, is ado to in this document by referece. Do not use with othe general co ition unless this d c mr s modified. I ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A1339° - 2019. Copyright O 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7999099792 which expires on 12/13/2020, and is not for resale. User Notes: Pd§6394V 403 TABLE OF ARTICLES INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES, AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution.) § 1.1.1 The Owner's program for the Project, as described in Section 4.1.1: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) Remodel and expansion of the 15,000 sf Police Station to meet the 2046 Police Department space needs as developed with the Architect. See Section 1.1.2 for more details. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability ofpublic and private utilities and services; legal description of the site, etc.) I I I I • 30-stall indoor garage for Police fleet and equipment • Additional office and workspace to accommodate staffing changes • Additional locker room space • Improvements to staff wellness and support functions • Shared multi -use training space for City staff and community meetings • Shared fitness room AIA Document A133T - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 2 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: P606 t bf 403 • Roofing replacement • Address deferred maintenance— HVAC system, plumbing, electrical— for cost effective improvements or 6 replacement.. » § 1.1.3 The Owner's budget for the Guaranteed Maximum Price, as defined in Article 6: (Provide total and, if known, a line item breakdown) § 1.1.4 The Owner's anticipated design and construction milestone dates: 1 Design phase milestone dates, if any: Design Development September 2026 » Construction Documents , September - November 2026 .2 Construction commencement date: «Spring 202 V .3 Substantial Completion date or dates: e determined following scope of work » .4 Other milestone dates: E § 1.1.5 The Owner's requirements for accelerated or fast -track scheduling, or phased (Identify any requirements for fast -track scheduling or phased construction) « To be determined § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any) set forth below: § 1.1.6.1 If the Owner identifies a Sustainable Objective, prior to commencement of Work thVO*h6r and Construction Manager shall endeavor to define the terms, conditions and services related to the Owner's Sustainable Objective and may agree to complete and incorporate AIA Document E234TM--2019, Sustainable Projects Uhiit, Construction Manager as Constructor Edition, into this Agreement. If E234-2019 is incorporated into thi ment, the Owner and Construction Manager shall incorporate the completed E234-2019 into the agreements with ants and contractors performing services or Work in any way associated with the Sustainable Objecti § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) i § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, email address and other contact information) « Nate Siem »« » « Chief of Police 19500 Municipal Drive _ Farmington, MN 55024 AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 3 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: PE@63bf 403 nsiem@farmingtommn.gov » § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required Manager's submittals to the Owner are as follows: (List name, address and other contact information) § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Geotechnical Engineer: �o be determined_ .2 Civil Engineer: �David Rey Principal Engineer Bolton & Menk, Inc. 3300 Fernbrook Lane North, Suite 300 Plymouth, Minnesota 55447 »« » « » « » « » .3 Other, if any: (List any other consultants retained by the Owner, such as a Project or ec . Brian Porter PMY Inc. 140 3rd Street South Stillwater_ Minnesota 55082» § 1.1.11 The Architect's representative: (List name, address, and other contact information.) Micheal Healy Project Manager Boarman Kroos 1 222 North 2nd St Minneapolis, MN mhealy@bkvgroi 651.955.7555 the Construction § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 4 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: P6963Ubf 403 (List name, address, email address and other contact information) Chad Senio Kraus 5022 Roch( chad.l 507-4 § 1.1. requii (List c To be § 1.1.14 The Owner's requirements for subcontractor procurement for the performance of I W¢�k: (List any Owner -specific requirements for subcontractor procurement.) II II In accordance with Minn. Stat. § 471.463, subd. 5(b). § 1.1.15 Other Initial Information on which this Agreement is based: «N/ § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, how ve ,recognize that such information may materially change and, in that event, the Owner and the Construction Manage shall appropriately adjust the Project schedule, the Construction Manager's services, and the Construction Manager's compensation. The Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner'lanticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 Neither the Owner's nor the Construction Manager's representative shall be changed with t n days' prior notice to the other party. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, SVISTincolZe ry and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreemeuments listed in this Agreement, and Modifications issued after execution of this Agreement, all of which totract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Otance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents wthe documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the e i and integrated agreement between the parties hereto and supersedes prior negotiations, representations or a reements either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modificationappears in Article 15. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by tJAgrent and covenants with the Owner to cooperate with theArchitect and exercise the Construction Manager's sment in furthering the interests of the Owner to furnish efficient construction administration, manaces, and supervision; to furnish at all times an adequate supply of workers, equipment, and materialform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner aish or approvein a timely manner, information required by the Construction Manager and to make paymenstruction Manager in accordance with the requirements of the Contract Documents. AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 5 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: PE@C3'Of 403 § 2.2.1 Construction Manager is an independent contractor and not an agent of the Owner. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, AIA Document A201Tm-2017, General Conditions of the Contract for Construction, shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law. The term "Contractor" as used in A201-2017 shall mean the Construction Manager. I I § 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set fortA201-2017, which document is incorporated herein by reference. The term "Contractor" as used in A201-2017 the Construction Manager. 1 !!7 ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 1 and 3.2, and in the applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager Construction Phase responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agre in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstructic PIRse, in which case, both phases will proceed concurrently. The Construction Manager shall identify a represent ve thorized to act on behalf of the Construction Manager with respect to the Project. § 3.1 Preconstruction Phase Li 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Iervineq lie Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The Construction Manager, howev does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maxim ice. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity i o red by or made known to the Construction Manager as a request for information in such form as the Archit a equire and necessary changes shall be accomplished by appropriate Modification to the Contract Docu t § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, ch dule and construction budget requirements, each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect n� to discuss such matters as procedures, progress, coordination, and scheduling of the Work. r 1 § 3.1.3.2 The Construction Manager shall consult with the Owner and Architect on proposed jite e and improvements, selection of materials, building systems, and equipment. The Construction Manager shall al o pro ide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; a ilabi ity of materials and labor; time requirements for procurement, installation and construction; prefabrication; and factors -related to construction cost including, but not limited to, costs of alternative designs or materials, prey in udgets, life -cycle data, and possible cost reductions ("Value Engineering"). The Owner acknowledges that such Value Engineering services are advisory and are not professional design services, and that in many instances the op �rrtunity to reduce costs by using alternate or different materials, equipment or methods may come with corresponding rl adeaffs in quality, performance, aesthetics, maintenance, or operations. The Owner shall have the obligation toe sur tat any Value Engineering cost savings proposals are independently evaluated by the Owner, the Architect�id oth members of the Owner's design team to determine whether the potential cost saving opportunities are acceptabble for r corporation or use in the Work, including any differences in quality, performance, aesthetics, maintenance, operatio or other material aspects. Such Value Engineering services shall be considered a part of Preconstruction Services wh er performed before or after commencement of the Construction Phase. The Construction Manager shall sult w ti the Architect regarding Value Engineering services to be provided by the Construction Manager duriv 4tion Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing protocols for the development, use, transmission, and exchange of digital data. AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 6 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: P696389'Of 403 § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. Subject to written disclaimer or qualification from the Owner as to accuracy, the Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities; and identify items that affect the Propct's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcon ctor; ordering and delivery of products, including those that must be ordered in advance of construction; and t�y requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager, in consultation with the Architect, shall provide recommendatio with regard to accelerated or fast -track scheduling, procurement, and sequencing for phased construction. e Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions f I temporary facilities, and procurement and construction scheduling issues. § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect he onstruction Manager shall prepare, for the Architect's review and the Owner's approval, preliminary estimates of t ie st of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniqu rchitect or Construction Manager suggests alternative materials and systems, the Construction Managel shall pro ide cost evaluations of those alternative materials and systems. A § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate int aIs agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increa ' iip tail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further v o ent of the design, price escalation, and market conditions, until such time as the Owner and Construction ge agree on a Guaranteed Maximum Price for the Work. The estimate shall be provided for the Architect's e and the Owner's approval. The Construction Manager shall inform the Owner and Architect in the event that the sti ate of the Cost of the Work exceeds the latest approved Project budget, and make recommendations for corrective a io . § 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discre .ancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Cquc ' Manager and the Architect shall work together to reconcile the cost estimates. ,"1 § 3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design DffeldIirfient and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules, for the Architect's review and O er's approval. § 3.1.8 The Construction Manager shall provide recommendations and information to the O chitect regarding equipment, materials, services, and temporary Project facilities. § 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services \for the Owner's review and approval. § 3.1.10 If the Owner identified a Sustainable Objective in Article 1, the Construction ManashallYalfill its Preconstruction Phase responsibilities as per the agreed -upon terms, conditions and servicesTf lated t v e Owner's Sustainable Objective. § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section Construe Manager shall provide a subcontracting plan, addressing the Owner's requirements, for theL"n r' r iew and approval in accordance with Minn. Stat. §471.463, subd. 5(b). AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 7Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: P6969V bf 403 § 3.1.11.2 The Construction Manager shall develop bidders' interest in the Project. § 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase. § 3.1.12 Procurement The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered in advance of construction. The Construction Mana r shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of constru ion. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owne shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guarant d Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Const ction Manager shall thereafter accept responsibility for them. § 3.1.13 Compliance with Laws Subject to Section 3.1.1, the Construction Manager shall comply with applicable laws, statu , ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under .s Contract, and with equal employment opportunity programs, and other programs as may be required by governmenta ncuasi-governmental authorities. I I § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Cons t cti Manager, or reference an exhibit attached to this document (Describe any other Preconstruction Phase services, such as providing cash flow projectio ent of a project information management system, early selection or procurement of subcontractors, etc) § 3.2 Guaranteed Maximum Price Proposal / w I § 3.2.1 When the Drawings and Specifications are sufficiently complete, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's and Architect's review, and the Owner's ac ptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimi e of the Cost of the Work, the Construction Manager's contingency described in Section 3.2.4, and the Construction M ager's Fee described in Section 6.1.2. \ § 3.2.2 To the extent that the Contract Documents are anticipated to require further developathearanteed Maximum Price includes the costs attributable to such further development consistent with Documents and reasonably inferable therefrom. Such further development does not include such things as cope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incChange Order. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price propoUe basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and Contract; .2 A list of the clarifications and assumptions made by the Construction Manag r in Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2; .3 A statement of the proposed Guaranteed Maximum Price, including a statement o: the Work organized by trade categories or systems, including allowances; the n contingency set forth in Section 3.2.4; and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Gu nt,l based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 3.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the include a contingency for the Construction Manager's exclusive use to cover those costs ci Cost of the Work but not included in a Change Order. ,n statement of its .itions of the 1paration of the estimated Cost of lion Manager's aximum Price is Manager shall mbursable as a AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 8 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Pd96.7 I$bf 403 § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction pager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall ex ute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall pvide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maxim i ith the information and assumptions upon which it is based. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the C41 of the Work prior to the execution of the Guaranteed Maximum Price Amendment, unless the Owner provides prior ritten authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that it ate the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. T O ner shall promptly furnish such revised Contract Documents to the Construction Manager in accordance with tl iisc i odules agreed to by the Owner, Architect and Construction Manager. The Construction Manager shall notify the 9w ir and Architect of any inconsistencies between the agreed -upon assumptions and clarifications contained in th u anteed Maximum Price Amendment and the revised Contract Documents. t� § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not A ffective, at the time the Guaranteed Maximum Price Amendment is executed. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201-2017, the date of commencement of the Wo ha I mean the date of commencement of the Construction Phase. § 3.3.1.2 Unless otherwise provided in the Guaranteed Maximum Price Amendment, the ConstrucNQnhase shall commence upon five (5) days following (a) the execution of the Guaranteed Maximum Price Amen ent, (b) the date the Owner provides reasonable evidence pursuant to Section 4.1.2 that financial arrangements have b n made to fulfill the Owner's obligations of the contract, and (c) receipt of the Building Permit for the Project , ri o execution of the Guaranteed Maximum Price proposal, by written agreement of the parties. The written a ree t hall set forth a description of the Work to be performed by the Construction Manager, and any insurance a b equirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. § 3.3.2 Administration 11 § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such ma rs as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall ftma d promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and a submittal s ed in accordance with Section 3.10 of A201-2017. r § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project. On a monthly basis, or ol erwise d agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Aj c hitect, ss E Dwing percentages of completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Construction Manager shall keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 9 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: P696gL bf 403 site, problems that might affect progress of the work, accidents, injuries, and other information reasonably required by the Owner. § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect, including such variances as may affect the Construction Manager's use of contingency and flowances, and shall provide this information in its monthly reports to the Owner and Architect, in accordance wtt Section 3.3.2.3 above. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide information with reasonable promptness, regarding requirefnts, r and limitations on the Project, including a written program which shall set forth the Owner's objectives, constrd criteria, including schedule, space requirements and relationships, flexibility and expandability, special equiptems, sustainability and site requirements. § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construct' nager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrar. g e is to fulfill the Owner's obligations under the Contract. After execution of the Guaranteed Maximum Price Arnndment, the Construction Manager may request such information as set forth in A201-2017 Section 2.2. § 4.1.3 The Owner shall establish and periodically update the Owner's budget for the Project 4ncYuding (1) the budget for the Cost of the Work as defined in Article 7, (2) the Owner's other costs, and (3) reason 1 ntingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consul ion with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and a ity. § 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction P sea he Owner shall furnish the following information or services with reasonable promptness. The Owner shall Also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services turn' hed by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 4.1.4.1 The Owner shall furnish tests, inspections, and reports, required by law and as otherwise agr d to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, Casts hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitatio utility locations for the site of the Project, and a written legal description of the site. The surveys and legal infon shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structusignated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and other necessary data with respect to existing buildin ther improvements and trees; and information concerning available utility services and lines, both public d private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. �1 § 4.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical e gineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evalua kins of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessar 7 operatiti` s for anticipating subsoil conditions, with written reports and appropriate recommendations. §4.1.5 During the Construction Phase, the Owner shall furnish information or services reqmfformajtion ed owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other rservices under the Owner's control and relevant to the Construction Manager's performance of the Workth rele promptness after receiving the Construction Manager's written request for such information or services. AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Pdgd "bf 403 § 4.1.6 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as agreed between the Owner and Construction Manager or as required in AIA Document E234T1*4--2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, if attached to this Agreement. § 4.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall have the authority to make decisions on behalf of the Owner and bind the Owner concerning the Project, and shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201-2017, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 4.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting seetothe ding auditing services, that may be reasonably necessary at any time for the Project to meet the Owner'snterests, and as are necessary to provide the information and services required under Section 4.1. The Owrmine and advise the Architect and Construction Manager of any special legal requirements relating specifiroject which differ from those generally applicable to construction in the jurisdiction of the Project. § 4.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as descri id AIA Document 13133T114-2019, Standard Form of Agreement Between Owner and Architect, Construction Manag r as Constructor Edition, including any additional services requested by the Construction Manager that are neces for the Preconstruction and Construction Phase services under this Agreement. The Owner shall provide thegonstruction Manager with a copy of the scope of services in the executed agreement between the Owne4and the chitect, and any further modifications to the Architect's scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICE44p § 5.1 Compensation § 5.1.1 For the Construction Manager's Preconstruction Phase services described in Section2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basisfor, compensation and include a list of reimbursable cost items,le) The Construction Manager shall be paid a fixed fee of nineteen thousand five hundred and 00/100 dollars ($19,500.00) for preconstruction services. If the Project does not proceed to the construction phase with the Construction Manager, the Construction Manager shall be reimbursed an additional fifteen thousand two hundred eighty and 00/100 dollars. ($15,280.00) » § 5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Mana Construction Manager's Consultants and Subcontractors, if any, are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Individual or Position Rate �--� Project Executive, Principal in Charge $220.00 / hour Senior Project Manager _ $185.00 / hour Project Manager $165.00 / hour Preconstruction Manager $165.00 / hour General Superintendent $180.00 / hour Superintendent $162.00 / hour Field Engineer $120.00 / hour Estimator $160.00 / hour MEP Coordinator $173.00 / hour VDCBIM $180.00 / hour Safety Director $156.00 / hour Quality Manager $200.00 / hour Project Coordinator/Accounting lk $82.00 / hour AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1 1 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: P696IWbf 403 § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged unless the parties execute a Modification. § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within <� ( months » ) months of the date of this Agreement, through no fault of the Construction Manr, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion re e performed. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invouant to the Prompt Payment of Local Government Bills Act, Minnesota Statutes § 471.425, amounts unpaid and not subject to a good faith dispute 1< thirty-five 4 ( << 35 J ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the construction Manager. (Insert rate of monthly or annual interest agreed upon)) Ilnnll Payments due and unpaid shall bear interest from the date payment is due at an annual rate of interest computed on the basis of the actual number of days elapsed in a 365-day year equal to two percent (2%) over the reference rate of interest from time to time announced by U.S. Bank as its reference rate, with each change in such annual rate of interest to be effective when any change in such reference rate announced by US Bank becomes effective. ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds fo&Cns ction Manager's performance of the Contract after execution of the Guaranteed Maximum Price AThe Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager's Fee. § 6.1.2 The Construction Manager's Fee: (State a lump sum, percentage of Cost of the Work or otherprovisionfor determining the Coanager's Fee.) The Construction Manager's Fee calculation will be done at the time the Guaranteed Maximum Price is established for the Project via the Guaranteed Maximum Price Amendment and shall be determined by multiplying the estimated Cost of the Work by a rate of one and three tenths percent (1.3%). The Construction Manager's Fee will become a fixed amount at the time the Guaranteed Maximum Price Amendment is executed and shall not be reduced. § 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the Wok)Yl The Construction Manager's Fee shall be increased at the rate of one and three tenths percent (1.3%) multiplied by the Cost of the Work for additive changes in the work. § 6.1.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost on of the Work: N/A § 6.1.5 Rental rates for Construction Manager -owned equipment shall not exceed k one hundre p cent («100 » %) of the standard rental rate paid at the place of the Project. § 6.1.6 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) The Owner and Construction Manager agree that the Construction Manager's failure to achieve Substantial Completion of the Work by the time period specified in Guaranteed Maximum Price Amendment (" Substantial Completion Date") will cause damages to the Owner that are difficult or impracticable to fix or ascertain under presently known and anticipated facts and circumstances. Therefore, the Owner and Construction Manager agree that if Construction Manager fails to achieve Substantial Completion of the Work by the Substantial Completion Date, AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 12 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: PEigC 9 bf 403 Construction Manager shall pay the Owner liquidated damages, as the Owner's sole and exclusive remedy and Construction Manager's sole and exclusive liability for such delay, as follows: $1,000.00 per day for each day beyond the Scheduled Substantial Completion Date that the Project is delayed and limited to $30,000. » § 6.1.7 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum) § 6.1.7.1 The differeA (savings) bed, teed Mss the final C!ffst of the Work less the Construction Manager's Fee shall accrue one hundred percent (100%) to the benefit of the Owner and zero percent (0%) go the benefit of the Construction Manager. § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteerwork m Price set forth in the Guaranteed Maximum Price Amendment, subject to additions and deductions by Chaas provided in the Contract Documents. Construction Manager will not self -perform any trade constructunder this Agreement. Costs which would cause the Guaranteed Maximum Price to be exceeded shaly the Construction Manager without reimbursement by the Owner. n § 6.3 Changes in the Work § 6.3.1 The Owner may, without invalidating the Contract, order changes in the Work withii Contract consisting of additions, deletions or other revisions. The Owner shall issue such cl Construction Manager may be entitled to an equitable adjustment in the Contract Time as a Work. scope of the ling. The nges in the § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201-2017, General Conditions of the Contract for Construction. § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsAuydt to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods lis d icle 7 of AIA Document A201-2017, General Conditions of the Contract for Construction. / I § 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determi d` accordance with Article 7 of A201-2017, as they refer to "cost" and "fee," and not by Articles 6 and 7 of this A e ent. Adjustments to subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall ca culated in accordance with the terms of those subcontracts. § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "Wd/in. ed in Article 7 of AIA Document A201-2017 shall mean the Cost of the Work as defined in Article 7 of thisand the term "fee" and "an amount for overhead and profit" shall mean the Construction Manager's Fee Section 6.1.2 of this Agreement. § 6.3.5 If no specific provision is made in Section 6.1.3 for adjustment of the Construction na is Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that applicati o he adjustment provisions of Section 6.1.3 will cause substantial inequity to the Owner or Construction M ager, e onstruction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the F riginal Work, and the Guaranteed Maximum Price shall be adjusted accordingly. § 6.4 POTENTIALLY TIME AND PRICE -IMPACTED MATERIAL. § 6.4.1 In the event of significant delay or price increase of material, equipment or energy o c i uring the performance of the contract through no fault of Construction Manager or its subcontractors e Co act Sum, Contract Time and/or contract requirements shall be equitably adjusted by Change Order' ccord e with the procedures of the Contract Documents. A change in price of an item of material, equipme , or ener shall be considered significant when the price of an item increases five percent (5%) or more betw the d of this Agreement and the date of installation. § 6.4.2 The Owner upon receipt of notice of a significant price increase, shall provide advis6-Goistruction Manager within twenty-four (24) hours of an authorization to proceed with purchase of the specified equipment, building material or materials, along with a corresponding increase to the Contract Sum, or of the Owner's intent to terminate AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1 3 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: PEigd bf 403 this Agreement for convenience. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. The Cost of the Work shall include only the items set forth in Sec ions 7.1 through 7.7. § 7.1.2 Reserved. § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Proje t, except yvith prior approval of the Owner. J § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Ma ger to perform the construction of the Work at the site or, with the Owner's approval, at off -site workshops. § 7.2.2 Construction Manager's supervisory and administrative personnel when stationed at 1 h o s and performing Work at the hourly rates set forth below: Personnel Category Rate Per Hour Project Director/VP/DOO $220.00 / hour Sr. Project Manager/Construction Exec./Project Exec. $185.00 / hour Project Manager $165.00 / hour Assistant Project Manager $140.00 / hour Project Engineer/Field Engineer $120.00 / hour Director of Preconstruction $185.00 / hour Preconstruction Manager $165.00 / hour Estimator $160.00 / hour Assistant Estimator $118.00 / hour Project Intern $65.00 / hour Safety Director $172.00 / hour Safety Engineer/Safety Manager $156.00 / hour Quality Manager/MEP Manager $200.00 / hour MEP Coordinator $173.00 / hour VDC/BIM $144.00 / hour General Superintendent $180.00 / hour Field Superintendent $162.00 / hour Assistant Superintendent $140.00 / hour Project Coordinator/Accountant/Marketing $82.00 / hour Computer/IT $105.00 / hour Yard Delivery $136.00 / hour The rates set forth above shall be in effect through December 31, 2026. Thereafter the percent (3%) per year as of January 1 of each subsequent year. by § 7.2.2.1 Construction Manager's supervisory and administrative personnel when performing Wo and stationed at a location other than the site at the hourly rates set forth in Section 7.2.2, but only for that porti oft e required for the Work. �\ § 7.2.3 Construction Manager's supervisory or administrative personnel engaged at factoriesi Porksh0s or while traveling, in expediting the production or transportation of materials or equipment required tqr the k, but only for that portion of their time required for the Work at the hourly rates set forth in Section 7.2.2. 11 § 7.2.4 Costs paid or incurred by the Construction Manager, as required by law or collective �Iargtnidq agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by dollectiyaargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions for AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1 4 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Pd§6:'9Tbf 403 construction workers described in Section 7.2.1. Such costs for taxes, insurance, contributions, and assessments (excluding benefits) shall be forty-eight percent (48%) of gross payroll. Gross payroll consists of wages and benefits. § 7.2.5 Reserved. § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. n § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment in , or to be incorporated, in the completed construction. t 7 § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actuallInstalled to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's perty at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amour realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. r, § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal ofm 1 erials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by cons tic workers that are provided by the Construction Manager at the site and fully consumed in the performance of I ie I k ork. Costs of Construction Manager -owned materials, supplies, and tools not included on Exhibit "C" refer =e i ection 7.5.2, that are not fully consumed, shall be based on the cost or value of the item at the time it is fi the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not custom 4rilowned by construction workers that are provided by the Construction Manager at the site, and the costs if transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machine riii ent, and hand tools. Rental charges for facilities, machinery, equipment, and hand tools rented from the Contractor sh be as set forth on the attached Exhibit "C". Other rental charges shall not be higher than standard rates at the place the Project. The total rental cost of any such equipment may not exceed the purchase price of any comparable item d related owning and operating costs during the term of such item's use on the Project. § 7.5.3 Reasonable costs of removal of debris from the site of the Work and its proper and legal § 7.5.4 Reasonable costs of the Construction Manager's site office, including general office ehyipWnyand supplies. § 7.5.5 Reasonable costs of materials and equipment suitably stored off the site at a mutually fcftle location, subject to the Owner's prior approval.I § 7.6 Miscellaneous Costs I I I § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documen e directly attributed to this Contract. The premiums for other liability insurance, including, but not li rtedo C mercial General Liability Insurance, Excess Umbrella Liability Insurance, Automobile Liability Insurance, Professional Liability Insurance and Pollution Liability Insurance shall be charged as a Cost of the Work at the rate of one and eight hundredths percent (1.08%) of the Guaranteed Maximum Price (excluding this charge), and s unt shall be considered approved by the Owner and shall not be subject to audit. § 7.6.1.1 Costs for self -insured deductibles or retentions carried by the Contractor, for either 11 or p ial amounts of the coverages required by the Contract Documents. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Owner's prior approval. with the § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Construction Manager is liable. AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1 rJ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: P.1§699bf 403 § 7.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Construction Manager is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Section 13.4 of AIA Document A201-2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, quired by the Contract Documents. tt § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from #e uireme is of the Contract Documents, payments made in accordance with legal judgments against the Construction M6P ager resulting from such suits or claims, and payments of settlements made with the Owner's consent, unless the Construction Manager knew that the required design, process, or product was an infringement of a copyright or a patent, �nd the Construction Manager failed to promptly furnish such information to the Architect as required by Section 3.17 of AIA Document A201-2017. The costs of legal defenses, judgments, and settlements shall not be includede Cost of the Work used I to calculate the Construction Manager's Fee or subject to the Guaranteed Maximum Price. n § 7.6.6 Costs for communications services, electronic equipment, and software, directly § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Construction Manager's negligence or fail responsibility to the Owner as set forth in the Contract Documents. § 7.6.9 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the exe ution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasoKablv withheld. § 7.6.10 Expenses incurred in accordance with the Construction Manager's standard personqora for relocation and temporary living allowances of the Construction Manager's personnel required for the Wo § 7.6.11 That portion of the reasonable expenses of the Construction Manager's supervisorin trative personnel incurred while traveling in discharge of duties connected with the Work. § 7.6.12 The cost for Construction Manager's administration of warranties required by the Co ct o uments after Project completion shall be charged as a Cost of the Work at the rate of fifteen hundredths of r nt (0.15%) of the Guaranteed Maximum Price), and such amount shall be considered approved by the Owner and shal not be subject to audit. IS § 7.6.13 A fixed rate equal to One and Two -Tenth Percent (1.2%) of the aggregate of subcon It and material costs under this Agreement (excluding, however, those subcontract costs and material costs which a e incurred pursuant to subcontracts or material agreements for which the Construction Manager has purchased sep to subcontract bonds), established at the time of GMP (as adjusted by Change Orders, if any), for the estimated costs f coverin the risk of those certain subcontractor defaults through subcontractor default insurance or other similar insurance and/or self-insurance, to protect against the risk of default by such subcontractors and material suppliers. Such 1.2% charge shall not be adjusted for cost overruns or savings as a result of managing the risk of subcontractor defaults. Self-insur de ctibles or retentions carried by the Construction Manager for subcontractor default insurance shall also b c ed a Cost of the work. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work, with the Owner's prior approva . § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an eme Y,ency affecting the safety of persons and property, as provided in Article 10 of AIA Document A201-2017. AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1 6 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: P.1§699bf 403 § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of, or failure to fulfill a specific responsibility by, the Construction Manager, and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201-2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 7.9. n § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term "related party" shall mean (1) a parent, sub rildia,liate, or other entity having common ownership of, or sharing common management with, the Constructio (2) any entity in which any stockholder in, or management employee of, the Construction Manager holds anest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affonstruction Manager; or (4) any person, or any member of the immediate family of any person, who ha control the business or affairs of the Construction Manager. Notwithstanding anything in this Section 7ontrary, Kraus - Anderson Insurance Agency shall not be considered a "related party." n § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Constructio ger and a related party, the Construction Manager shall notify the Owner of the specific nature of the conteml I ate I transaction, including the identity of the related party and the anticipated cost to be incurred, before any such trans i Aic t is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in wi Aing, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the ipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 9. If fails to authorize the transaction in writing, the Construction Manager shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 The Cost of the Work shall not include the items listed below: .+ .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as spe 'fiall � provided in Section 7.2, or as may be provided in Article 14; \`�I .2 Bonuses, profit sharing, incentive compensation, and any other discretionary pa a s, paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, unless a wrier has provided prior approval; .3 Expenses of the Construction Manager's principal office and offices other than the site ffice; .4 Overhead and general expenses, except as may be expressly included in Sect' 1 7.7; .5 The Construction Manager's capital expenses, including interest on the Consl l anager's capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negli ence , or failure to fulfill a specific responsibility of the Contract by, the Construction Manager, Subcontract rs, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of maybe liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; .8 Costs, other than costs included in Change Orders approved by the Owner or on Change Directives, that would cause the Guaranteed Maximum Price to be exceeded; .9 Costs for services incurred during the Preconstruction Phase; .10 Drug testing for new hires or current employees, and incentive or bonus programs including safety); .11 Off -site file storage; and .12 Costs for vacation, holiday, sick, and training time for Construction Manager' v ory staff. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue the O er if (1) before making the payment, the Construction Manager included the amount to be paid, less such di ount, i n Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds t e o struction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1,7 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Padd'M of 403 § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. In addition to the persons or entities designated by the Construction Manager, the wner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain 3 ds. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipmei t fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the reqi irements f the Contract Documents. The Construction Manager shall then determine, with the advice of the Owner, nd the Ar hitect, which bids will be accepted. The Construction Manager shall not be required to contract with any e to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to t requirements of the Contract Documents without reservations or exceptions, but the Owner requires that anothei )idne accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed x um Price by the difference between the bid of the person or entity recommended to the Owner by the Cons Ai Manager and the amount of the subcontract or other agreement actually signed with the person or entity desi to by the Owner. § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions fthis Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner's prior written approval. IfLsubcontract is awarded on the basis of cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction N�gnager in Article 10. 7 J ARTICLE 10 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the CMactfad e Work, and exercise such controls, as may be necessary for proper financial management under this Conto substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and hall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documenta ' n upporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcon ts, Subcontractor's proposals, Subcontractor's invoices, purchase orders, vouchers, memoranda, and oth data relating to this Contract. The Construction Manager shall preserve these records for a period of three ye fte nal payment, or for such longer period as may be required by law. All accounting records shall be maintain t onstruction Manager in accordance with generally accepted accounting procedures, consistently applied f nspection by the Owner or the Owner's auditors of the Construction Manager's accounting records reveals a v c arge, the Construction Manager shall promptly refund to the Owner the amount of the overcharge an ha 1 eimburse the Owner for the proportionate share of its expenses incurred to audit the Construction Manager's rec S. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES I u § 11.1 Progress Payments u § 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager, and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the Construction Manager, as provided below and elsewhere in the Contract Documents. § 11.1.2 The period covered by each Application for Payment shall be one calendar month e it g on1je last day of the month, or as follows: II § 11.1.3 Provided that an Application for Payment is received by the Architect not later than theVth » day of a month, the Owner shall make payment of the amount certified to the Construction Manager not latet than the last » day of the k same » month. If an Application for Payment is received by the Architect after the application date fixed above, AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1 8 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Padd' 0 'bf 403 payment of the amount certified shall be made by the Owner not later than « thirty » ( « 30 » ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 11.1.4 With the final Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, plus payrolls for the period c red by the present Application for Payment, less that portion of the progress payments attributable to the Construch 11i Manager's Fee. § 11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitte y the Construction Manager in accordance with the Contract Documents. The schedule of values shall alloc to the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingenfF for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item included in a Change Order; and (3) the Construction Manager's Fee. § 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. The schedule of values shall be used as a basis for reviewing tti CF struction Manager's Applications for Payment. § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall r# cstitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the scheleljf values. § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of th rtion of the Work and for which the Construction Manager has made payment or intends to make payment prior toq;_h,t Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the ' the schedule of values. § 11.1.7 In accordance with AIA Document A201-2017 and subject to other provisions of the Con a Documents, the amount of each progress payment shall be computed as follows: § 11.1.7.1 The amount of each progress payment shall first include: 1 That portion of the Guaranteed Maximum Price properly allocable to comple s determined by multiplying the percentage of completion of each portion of the Work by the sha he Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule alues; .2 That portion of the Guaranteed Maximum Price properly allocable to materials a equipment delivered and suitably stored at the site for subsequent incorporation in the completed s cion or, if approved in writing in advance by the Owner, suitably stored off the site at a location ee upon in writing; .3 That portion of Construction Change Directives that the Architect determine hitect's professional judgment, to be reasonably justified; and .4 The Construction Manager's Fee, computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1, 11.1.7.1.2 and 11.1.7.1.3 at the rate stated in Section 6.1.2 or if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears th dra atio to that fixed - sum fee as the Cost of the Work included in Sections 11.1.7.1.1, 11.1.7.1.2 an 7. .3 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Arc 'tect ha reviously withheld a Certificate for Payment as provided in Section 9.5.1 of AIA Docu —2017; .3 Any amount for which the Construction Manager does not intend to pay a Su )contract rormaterial supplier, unless the Work has been performed by others the Construction Manager intends to pay; AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1 9 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Padd'T07 of 403 .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Section 9.5.1 of AIA Document A201-2017; .5 The shortfall, if any, indicated by the Construction Manager in the documentation required by Section 11.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Retainage withheld pursuant to Section 11.1.8. § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Paym nt. The a ount of retainage may be limited by governing law.) five percent (5%) of the value of the Work completed. The Owner and the Contractor may agree upon�irge reductions during the course of the Project. The Owner and the Construction Manager must comply with Minnesota Statutes §§ 15.72 and 337.10 regarding retainage payments. § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, ins a , etc) There shall be no retainage withheld on the Construction Manager's Fee, the Construction Manager's General Conditions costs, or material -only purchases made by the Contractor. § 11.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion A entire Work, insert provisions for such modification.) § 11.1.8.3 Except as set forth in this Section 11.1.8.3, upon Substantial Completion of the Work, the'Construction Manager may submit an Application for Payment that includes all the retainage withheld from prig Applications for Payment pursuant to this Section 11.1.8. The Application for Payment submitted at Substantial Co letion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as upon completion of the Owner's audit)4 reconciliation, upon Substantial Completion.) A � /I Fine hundred fifty percent (150%) of the reasonable estimated cost of any incomplete Work and any unsettled Claims may be withheld by the Owner. Such withheld amount shall be paid to Construction Manager monthly as such incompl ,Work 1S completed and Claims ar c 1 d, § 11.1.9 If final completion of the Work is materially delayed through no fault of the Constri do anager, the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of A ocument A201-2017. § 11.1.10 Except with the Owner's prior written approval, the Construction Manager shall n t make a ance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable pro6e—due for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and thV Construction Manager shall execute subcontracts in accordance with those agreements. The Construction anage ay, in its sole discretion, distribute any reduction in retainage described in Section 11.1.8.1 or 11.1.8.3 am g its S contractors. § 11.1.12 In taking action on the Construction Manager's Applications for Payment the Arc ct shal e entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager, and su action shall not be deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arit etic verification, of the documentation submitted in accordance with Section 11.1.4 or other supportin da ; (2) that the Architect has made exhaustive or continuous on -site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 2 0 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: PaddMffof 403 Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 11.2 Final Payment § 11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract, except for the Construction Manager's responsibility to correct Work as provided in Article 12 of AIA Document A 1-2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of th ork and a final Application for Payment; .3 a final Certificate for Payment has been issued by the Architect in accordanc with Sec 'on 11.2.2.2; and .4 the Construction Manager has submitted executed conditional final lien waiv , on Construction Manager's own behalf and on behalf of all of its first -tier Subcontractors, sup iers and other vendors, for all Work performed for the Project. § 11.2.2 Within 30 days of the Owner's receipt of the Construction Manager's final accounti for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will t duct an audit. § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 1 a after completion of the audit, submit a written report based upon the auditors' findings to the Architect. § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1 or receip f notice that the Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 h� een 3t, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate Arovided in Section 9.5.1 of AIA Document A201-2017. The time periods stated in this Section 11.2.2 supersede those stated in ASection 9.4.1 of AIA Document A201-2017. The Architect is not responsible for verifying nr acy of the Construction Manager's final accounting. § 11.2.2.3 If the Owner's auditors' report concludes that the Cost of the Work, as substantiated by e Construction Manager's final accounting, is less than claimed by the Construction Manager, the Construction nager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursua to l4rticle 15 of AIA Document A201-2017. A request for mediation shall be made by the Construction Manager withi 6 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Pending a al resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Arcct's final Certificate for Payment. n hite § 11.2.3 The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment or any binding determination of a dispute under the Contract Documents. U § 11.2.4 If, subsequent to final payment, and at the Owner's request, the Construction Manal osts, described in Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager for such costs, and the Construction Manager's Fee applic e thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guara eed aximum Price. If adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those adjus n all be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 i eterm 'ng the net amount to be paid by the Owner to the Construction Manager. § 11.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is du t the r stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the P oJec is o ated. (Insert rate of interest agreed upon, if any) AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 2 1 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Padd'TO bf 403 Invoices due and unpaid under the Contract Documents shall bear interest from the date payment is due at an annual rate of interest of two percent (2%) over the reference rate of interest from time to time announced by U.S. Bank Minneapolis, NA as its reference rate, with each change in interest rate hereunder to become effective on the date the corresponding change in such reference rate as announced by U.S. Bank Minneapolis, NA becomes effective. ARTICLE 12 DISPUTE RESOLUTION § 12.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A201-2017. § 12.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Doc —2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box) [ «» ] Arbitration pursuant to Article 15 of AIA Document A201-2017 [ « X » ] Litigation in a court of competent jurisdiction [ « » ] Other: (Specify) E ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed imum Price, the Owner may terminate this Agreement upon not less than seven days' written notice to the Cons c on Manager, and the Construction Manager may terminate this Agreement, upon not less than seven days' wri ice to the Owner. § 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1, the Const c.Nnanager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a noN,04Verrnination, in accordance with the terms of this Agreement. In no event shall the Construction Manager's com en tion under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may termi to this Agreement upon not less than seven days' written notice to the Construction Manager for th ne s convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less e days' written notice to the Owner, for the reasons set forth in Article 14 of A201-2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the Const Lcec Manager shall be equitably compensated for Preconstruction Phase services and Work performed prior to rec ' a notice of termination. In no event shall the Construction Manager's compensation under this Section the compensation set forth in Section 5.1. § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner sh y to the Construction Manager an amount calculated as follows, which amount shall be in addition to y co pensation paid to the Construction Manager under Section 13.1.4: 1 Take the Cost of the Work incurred by the Construction Manager to the dater�termniion; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to a date termination at the rate stated in Section 6.1 or, if the Construction Manager's Fee is stated as a fixed min that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the rk at the time of termination bears to a reasonable estimate of the probable Cost of the Work on its c pletion; and .3 Subtract the aggregate of previous payments made by the Owner for Constru tion as services. AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 22 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: PagdI V "bf 403 § 13.1.6 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1. § 13.1.6.1 The Construction Manager will terminate all subcontracts, purchase orders or rental agreements and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination II The Contract may be terminated by the Owner or the Construction Manager as provided in l�Cle 14 of AIA Document A201-2017. § 13.2.2 Termination by the Owner for Cause § 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA D ument A201-2017, the amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document 01-2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as llows: .1 Take the Cost of the Work incurred by the Construction Manager to the date to ination; .2 Add the Construction Manager's Fee, computed upon the Cost of the Work t i theate of termination at the rate stated in Section 6.1 or, if the Construction Manager' Fee is stated as o fi d sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the r t the time of termination bears to a reasonable estimate of the probable Cost of the Work Illon ' s completion; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred by the Owner under Article 14 of A nt A201-2017. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation, either by purchaseM rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elec t retain and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1. To the extent that the elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Cons ac ' n Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all s c ers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of th ns i action Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits o th onstruction Manager under such subcontracts or purchase orders. § 13.2.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA WDocumenA201-2017,then the Owner shall pay the Construction Manager a termination fee as follows: (Insert the amount of or methodfor determining thefee, ifany, payable to the Constructionollowing a terminationfor the Owner's convenience.) five percent (5%) of the estimated Cost of the Work not completed as of the date of termination. § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A2 , ' such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 f AIA D current A201— 2017, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 6.1 and 6.3.5 of this Agreement. _ ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201-2017. Where nfeen is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the efers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager, respectively, bind themselves, their partnerLcumentso.Vxcept essrs, assigns and legal representatives to covenants, agreements, and obligations contained in the Contract D as provided in Section 14.2.2 of this Agreement, and in Section 13.2.2 of A201-2017, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 2 3 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Pagd'T06 bf 403 without such consent, or makes such assignment with or without consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Construction Manager shall execute all consents reasonably required to facilitate the assignment. § 14.3 Insurance and Bonds I I § 14.3.1 Preconstruction Phase The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed under this Agreement. If any of the requirements set forth below exceed the types and limitf the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any Idditional ost. § 14.3.1.1 Commercial General Liability with polic limits of not less than « two million dollars >1 ($ � 2,000,0001) for each occurrence and ur million dollars » ($ � ) in the aggregate for bodily iWry and property damage. § 14.3.1.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Construction Manager with policy limits of not less than k one million dollars » ($ o 1,000,000 » ) per accident for dinjury, death of any person, and property damage arising out of the ownership, maintenance and use of those m r N c hicles, including owned, hired, and non -owned automobiles, along with any other statutorily required autonic 'le verage. § 14.3.1.3 The Construction Manager may achieve the required limits and coverage for Com ierl General Liability and Automobile Liability through a combination of primary and excess or umbrella liabilityi suran provided that such primary and excess or umbrella liability insurance policies result in the same or greate rageas the coverages required under Sections 14.3.1.1 and 14.3.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the derlying limits only through the actual payment by the underlying insurers. § 14.3.1.4 Workers' Compensation at statutory limits and Employers Liability with policy lim' less than o one fnillion dollars » ($ « 1,000,0001) each accident, << one million dollars » ($ << 1,000,000 » ) a ployee, and o one million dollars » ($ << 1,000,000 J ) policy limit. § 14.3.1.5 Professional Liability covering negligent acts, errors and omissions in the performan o rofessional services, with policy limits of not less than << five million dollars o ($ << 5,000,0001) per claim and << ten million dollars ($ « 10,000,000 » ) in the aggregate. § 14.3.1.6 Other Insurance Any, (List below any other insurance coverage to be provided by the Construction Manager andable limits) Coverage Limits ' § 14.3.1.7 Additional Insured Obligations. To the fullest extent permitted bylaw, the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automob' e Liabi to include the Owner as an additional insured for claims caused in whole or in part by the Construction M na er's n gligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that e c compliance with the requirements in this Section 14.3.1. § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction Ma ger shall purchase and maintain insurance asset forth in AIA Document A133T11-2019, Standard Form of Ag ment Between Owner and Construction Manager at Risk, as modified, where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit B, Insurance and Bonds. § 14.3.2.1 The Construction Manager shall provide bonds as set forth in AIA Document A133Tm--2019 Exhibit B. AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 2 4 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Padt" bf 403 § 14.4 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be given to the email address of the parties' representatives set forth in Article 1. § 14.5 Other provisions: § 14.5.1 Non -Discrimination No person employed on the Project shall on the grounds of race color, religions, sex, sexual orientation, gender identity, handicap, familial status, or national origin be excluded J rom participation in, be denied the benefits of, or be subjected to discrimination under any scope of work carried oi it by Construction Manager or any Subcontractors of any tier. Construction Manager agrees to be bound by the provisigi is of Minnesota Statutes § 181.59, that prohibits certain discriminatory practices and the terms of said section are incc r o this Agreement. § 14.5.2 Minnesota Government Data Practices Act The Parties acknowledge that this Contract is subject to the applicable requirements of the Minnesota Government Data Practices Act ("MGDPA"), Minnesota Statutes, Chapter 13, as it applies to all data provided by the Owner in accordance with this Agreement, and hs it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the Constructiontanager in accordance with this Agreement. The Construction Manager agrees to cooperate with the Owner with res. tcrlhe Owner's obligations to comply with the requirements of the MGDPA. In the event Construction Manager or its Contractors or Subcontractors receive a request to release the data referred to in this clause, Construction anager must immediately notify the Owner so that the Owner may perform its obligations to respond to the request pIns nt to the MGDPA. § 14.5.3 Records Pursuant to Minnesota Statutes § 16C.05, subd. 5, Construction Manager th the books, records, documents, and accounting procedures and practices of Construction Manager, th re relnt to the Contract Documents or transaction, are subject to examination by the Owner, the Owner's auditor, and the state auditor for a minimum of six (6) years. Construction Manager shall maintain such records for a minimum o ix (6) years after final payment. ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 This Agreement represents the entire and integrated agreement between the Owner an C truction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. T e ent may be amended only by written instrument signed by both Owner and Construction Manager. § 15.2 The following documents comprise the Agreement: .1 AIA Document A133TM-2019, Standard Form of Agreement Between Owne'rl�.onstruction Mana er ggat Risk, as modified, where the basis of payment is the Cost of the Work Pluith a Guaranteed Maximum Price .2 AIA Document Al33TM-2019, Exhibit A, Guaranteed Maximum Price Amen xecuted .3 AIA Document A133TM-2019, Exhibit B, Insurance and Bonds .4 AIA Document A201TM-2017, General Conditions of the Contract for Constructs' .5 Reserved .6 Other Exhibits: (Check all boxes that apply) M] AIA Document E234TM-2019, Sustainable Projects Exhibit, Cons tion Manager as Constructor Edition, dated as indicated below: (Insert the date of the E234-2019 incorporated into this Agreement. E AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 2 cJ Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: PCadd' I Wbf 403 [ j< » ] Supplementary and other Conditions of the Contract: Document Title Date Pages Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Cor ct Documents. AIA Document A201-201 7provides that the advertisement or invitation to bid, In ructions to Bidders, sample forms, the Construction Manager's bid or proposal, portions of Adde i la relating to bidding or proposal requirements, and other information furnished by the Owner in ants Apation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this greemen . Any such documents should be listed here only if intended to be part of the Contract D o Exhibit C — Tool and Equipment Rates )> This Agreement is entered into as of the day and year first written above. This Agreement rr be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an di 'gi 1 and all of which counterparts, taken together, shall constitute one and the same instrument. Delivery of an ex(cuild counterpart of a signature page of this document by facsimile, pdf or other generally accepted electronic me s ( , DocuSign) shall be effective as delivery of a manually executed counterpart of this document. tf- City of Farmington OWNER (Signature) »« (Printed name and title) Kraus -Anderson C CONSTRUCTION MANAGER (Signature) «Nicholas Leimer »«Vice President /DOO » AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 2 6 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:21:30 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Padd' 109bf 403 DRAFT AIA Document A133T" - 2019 Exhibit B Insurance and Bonds This Insurance and Bonds Exhibit is art of the A Bement, between the Owner and the Construction Manager, dated the day of in the year « « two thousand twenty- six » (In words, indicate day, month and year.) for the following PROJECT: (Name and location or address) K Farmington Police Remodel and Expansion 19500 Municipal Drive Farmington, MN 55024 K » THE OWNER: (Name, legal status, and address) City of Farmington 19500 Municipal Drive Farmington, MN 55024 K » THE CONSTRUCTION MANAGER: (Name, legal status, and address) Kraus -Anderson Construction Company 502 2❑d Avenue SW » Rochester, MN 55902 »« » TABLE OF ARTICLES B.1 GENERAL B.2 OWNER'S INSURANCE RAN B.3 CONSTRUCTION MANAGER'S INSURANCE AND BONDS B.4 SPECIAL TERMS AND CONDITIONS 7 ARTICLE B.1 GENERAL The Owner and Construction Manager shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA Document A201Tm-2017, General Conditions of the Contract for Construction. ADDITIONS AND DELETIONS: TifauthLz of this document added information nHkded for its completion. author may also have ised the text of the 'ginal AIA standard form. Ac itions and Deletions Tsoothat notes added i,)fo2raticn as well as i2vi'ons to the standard fDrm text is available from and should be viewed. This document has important legal co equences. Consult t on with an attorne is encouraged with 7re ect to its completion o "I'dification. nt is intended in conjunction cument A201-- al Conditions t for n. Article 11 contains insurance rQ of of ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A1339° - 2019 Exhibit B. Copyright © 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by D.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 1 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:22:07 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Pa�b 117V bf 403 ARTICLE B.2 OWNER'S INSURANCE § B.2.1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article B.2 and, upon the Construction Manager's request, provide a copy of the property insurance policy or policies required by Section B.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. § B.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual general IL insurance. § B.2.3 Required Property Insurance f J § B.2.3.1 Unless this obligation is placed on the Construction Manager pursuant to Section J. 3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder's risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project oi replacement cost basis. The Owner's property insurance coverage shall be no less than the amount of the initi C tract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supy 1 ed t y others. The property insurance shall be maintained until Substantial Completion and thereafter as provic c d ii i Section B.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the rti A to this Agreement. This insurance shall include the interests of the Owner, Construction Manager, ibc c ntractors, and Sub - subcontractors in the Project as insureds. This insurance shall include the interests of mortg s payees. § B.2.3.1.1 Causes of Loss. The insurance required by this Section B.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischie , collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or res i damage from error, omission, or deficiency in construction methods, design, specifications, workmanshi , o aterials. Sub - limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub -limit.) Cause of Loss Sub -Limit Flood No less than $1,000,000 for Flood Zone Earthquake No less than $5,000,000. § B.2.3.1.2 Specific Required Coverages. The insurance required by this Section B.2.3.1 shall provide overage for loss or damage to falsework and other temporary structures, and to building systems from tes ' an tartup, and for portions of the Work stored off the site and portions of the Work in transit. The insuranc fassult s cover debris removal, including demolition occasioned by enforcement of any applicable legal requirem easonable compensation for the Architect's and Construction Manager's services and expenses require of such insured loss, including claim preparation expenses. Sub -limits, if any, are as follows: (Indicate below type of coverage and any applicable sub-limitfor specific required coverag Coverage Sub -Limit § B.2.3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section B.2.3.1 or, if necessary, replace the insurance policy required under Secti 3.1 with property insurance written for the total value of the Project that shall remain in effect until e i n f the period for correction of the Work set forth in Section 12.2.2 of the General Conditions. § 13.2.3.1.4 Deductibles and Self -Insured Retentions. If the insurance required by this Sectioi i P.2.3 i4 Jubject to deductibles or self -insured retentions, the Owner shall be responsible for all loss not covered ecause f such deductibles or retentions. § B.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner's occupancy or u of any c mpleted or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section B.2.3.1 have consented in writing to the continuance AIA Document A133m - 2019 Exhibit H. Copyright © 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 2 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:22:07 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Pafq 1 I J4bf 403 of coverage. The Owner and the Construction Manager shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing. § B.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set Pth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section 13.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § B.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to purchase and maintain by placing aFlelimits ox(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate appli of coverage or other conditions in the fill point below the selected item.) n [ ] § B.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurancli toRimburse the Owner for loss of use of the Owner's property, or the inability to conduct normal operations due to a covered cause of loss. �--� [ « » ] § B.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, c truction, repair, replacement or use of the Project. E [ « ] § B.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs fo t porary repair of damage to insured property, and to expedite the permanent repair or replacem t he damaged property. E [ ] § B.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable n n e sary excess costs incurred during the period of restoration or repair of the damaged prope e over and above the total costs that would normally have been incurred during the sam e f time had no loss or damage occurred. [ ] § B.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of civ aut ority prohibiting access to the Project, provided such order is the direct result of phy ' age covered under the required property insurance. E [ ] § B.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interrupt due to physical prevention of ingress to, or egress from, the Project as a damage. E aness [ - ] § B.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delayofunn letion of the Work, arising out of physical loss or damage covered by the required property insurance: including AIA Document A133m - 2019 Exhibit H. Copyright © 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 3 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:22:07 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: PCa�6'112bf 403 construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. E § B.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the types of insurance the Owner is required to purchase and maintain by placing a Xi n the x(es) next to the description(s) ofselected insurance.) [ ] § B.2.5.1 Cyber Security Insurance for loss to the Owner due to data security aW privacy breach, including costs of investigating a potential or actual breach of confidential orlorivate information. (Indicate applicable limits of coverage or other conditions in the fill point be w.) [ X» ] § B.2.5.2 Other Insurance (List below any other insurance coverage to be provided by the Owner and a a licable limits.) § A.2.5.2.1 Boiler and Machinery Insurance The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during insta tion and until final acceptance by the Owner; this insurance shall include interests of the Owner, n actor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contract s 11 be named insureds. A Coverage Limits ARTICLE B.3 CONSTRUCTION MANAGER'S INSURANCE AND BONDS § B.3.1 General N § B.3.1.1 Certificates of Insurance. The Construction Manager shall provide certificates of inVuraneeptable to the Owner evidencing compliance with the requirements in this Article B.3 at the following trior to commencement of the Work; (2) uponrenewal or replacement of each required policy of ins (3) upon the Owner's written request. An additional certificate evidencing continuation of commercial liage, including coverage for completed operations, shall be submitted with the final Application and thereafter upon renewal or replacement of such coverage until the expiration of the periodsSection B.3.2.1 and Section B.3.3.1. The certificates will show the Owner as an additional i quired by Section 13.3.1.3 up to the limits required by Sections 13.3.2.2 and 13.3.2.4. § B.3.1.2 Deductibles and Self -Insured Retentions. The Construction Manager shall discloselto the Ovdner any deductible or self- insured retentions applicable to any insurance required to be provided by the Construction Manager. § B.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the commercial general liability coverage to include (1) the Owner as additional insured for cl i ns caused in whole or in part by the Construction Manager's negligent acts or omissions during the Construction nager's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Cm istruction Manager's negligent acts or omissions for which loss occurs during completed operations. Jhc additi al insured coverage shall be primary and non-contributory to any of the Owner's general liability insurhhce poli Aes and shall apply to both ongoing and completed operations. To the extent commercially available, the additional nsured coverage shall be equivalent to that provided by Insurance Services Office, Inc. (ISO) forms CG 20 1CJ 07 04, CG 20 37 07 04. AIA Document A133m - 2019 Exhibit H. Copyright © 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 4 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:22:07 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: PCa�b`fl7S'Of 403 § B.3.2 Construction Manager's Required Insurance Coverage § B.3.2.1 The Construction Manager shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions. § B.3.2.2 Commercial General Liability § B.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence L with policy limits of not less than « Two Million and 00/100 Dollars » ($ o 2,000,000.00 )> ) each occurrence, « Four Million and 00/ 100 Dollars » ($ <<s�00.00 » ) general aggregate, and amour Million and 00/ 100 Dollars » ($ a 4,000,000.00 » ) aggregate for products -completed operations hazard, providing coverage for claims inclu ding 1 damages because of bodily injury, sickness or disease, including occupationa ickness or disease, and death of any person; .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property, il luding the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and .5 the Construction Manager's indemnity obligations under Section 3.18 of the I mw al Conditions. § B.3.2.2.2 The Construction Manager's Commercial General Liability policy under this Sec i n .3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured, if the exclusion or restriction s based s ely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. .2 Claims for property damage to the Construction Manager's Work arising out of the pr ucts- completed operations hazard where the damaged Work or the Work out of wqthdage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising oo employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar excguage. .6 Claims or loss due to physical damage under a prior injury endorsement or sonary language. .7 Claims related to residential, multi -family, or other habitational projects, if tbe performed on such a project. .8 Claims related to roofing, if the Work involves roofing. .9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco Wioives terior coatings or surfaces, if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement, where the Work involves s .11 Claims related to explosion, collapse and underground hazards, where the W such hazards. § B.3.2.3 Automobile Liability covering vehicles owned, and non -owned vehicles used, by tfie Co tion Manager, with policy limits of not less than K)ne Million and 00/100 Dollars, ($ L1,000,000. er accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § B.3.2.4 The Construction Manager shall obtain umbrella/excess liability insurance with a cckibimv,,dNingle limit of ten million dollars ($10,000,000). The Construction Manager may achieve the required lim' and c erage for Commercial General Liability and Automobile Liability through a combination of primary and exce or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the sam or greater coverage as the coverages required under Section B.3.2.2 and B.3.2.3, and in no event shall y exce or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy sh4inot re ire the exhaustion of the underlying limits only through the actual payment of the underlying limit § B.3.2.5 Workers' Compensation at statutory limits. AIA Document A133m - 2019 Exhibit B. Copyright © 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 5 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:22:07 ET on O1/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Pfa�b' 1 174V 403 § B.3.2.6 Employers' Liability with policy limits not less than << One Million and 00/100 Dollars » ($ << 1,000,000.00 » ) each accident, << One Million and 00/100 Dollars » ($ « 1,000,000.00 » ) each employee, and « One Million and 00/100 Dollars » ($ « 1,000,000.00 » ) policy limit. § B.3.2.7 Jones Act, and the Longshore & Harbor Workers' Compensation Act, as required, if the Work involves hazards arising from work on or near navigable waterways, including vessels and docks n § B.3.2.8 If the Construction Manager is required to furnish professional services as part of tJJ Work, the Construction Manager shall procure Professional Liability insurance covering performance o ssional services, with policy limits of not less than < Five Million and 00/100 Dollars)) ($ << 5,000,00 ) er claim and Ten Million and 00/100 Dollars )> ($ << 10,000,000.00 » ) in the aggregate. § B.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Construction Manager shall procure Pollution Liability insurance, with policy limits of not less than « Five Million and 00/100 Dollars » ($ 5,000,000.00» ) per claim and FTen Million and 00/100 Dollars ($ F 10,000,000.00 >> ' the aggregate. § B.3.2.10 Reserved.. § B.3.2.11 Reserved. § B.3.2.12 Insurance for the use or operation of manned or unmanned aircraft, if the Work retluires such activities, with policy limits of not less than « Two Million and 00/100 Dollars » ($ << 2,000,000.00 » ) per claim and < FA Million and 00/100 Dollars » ($ « 4,000,000.00 » ) in the aggregate. § B.3.3 Construction Manager's Other Insurance Coverage § B.3.3.1 Insurance selected and described in this Section B.3.3 shall be purchased from an insur c ompany or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Proje 1 cated. The Construction Manager shall maintain the required insurance until substantial completion of e� k. § B.3.3.2 The Construction Manager shall purchase and maintain the following types and lim di surance in accordance with Section B.3.3.1. (Select the types of insurance the Construction Manager is required to purchase and maintain by la 'ng an X in the box(es) next to the description(s) ofselected insurance. Where policy limits are provided, include t olicy limit in the appropriate fill point.) [ ] § B.3.3.2.1 Property insurance of the same type and scope satisfying the requ' e t i ntified in Section B.2.3, which, if selected in this Section B.3.3.2.1, relieves the Owne f r sponsibility to purchase and maintain such insurance except insurance required by Section 3 and Section B.2.3.3. The Construction Manager shall comply with all obligations f t Owner under Section B.2.3, except with respect to Section B.2.3.3 and except to the extent ro ed below. The Construction Manager shall disclose to the Owner the amount of any deducti e, d the Owner shall be responsible for losses within the deductible. Upon request, the Constructi shall provide the Owner with a copy of the property insurance policy or policies required. e Cons ction Manager shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions. (Where the Construction Manager's obligation to provide property insurance er om the Owner's obligations as described under Section B.2.3, indicate such differenc s ' pace below. Additionally, if a party other than the Owner will be responsible for adjustin nd se ng a loss with the insurer and acting as the trustee of the proceeds of property insurance in corda e with Article 11 of the General Conditions, indicate the responsible party below) § B.3.3.2.1.1 Such insurance shall be maintained until the Work is Substantially Complete. Once the Work is Substantially Complete, the Owner shall replace the insurance policy required under Section B.3.3.2.1 with permanent property insurance covering the Project. § B.3.3.2.1.2 If the insurance required by Section B.3.3.2.1 is subject to deductibles or self -insured AIA Document A133m - 2019 Exhibit H. Copyright © 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 6 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:22:07 ET on 01/24/2020 under Order No. 7449099792 which expires on 12/13/2020, and is not for resale. User Notes: Pa�b`f175"of 403 retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. [ ] § B.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than §» ($ « » ) per claim and E ($ IL ) in the aggregate, for Work within fifty (50) feet of railroad property. [ ] § B.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not kiss than «l ($ E ) per claim and E ($ E ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos -containing material'. [ E ] § B.3.3.2.4 Insurance for physical damage to property while it is in storage an in transit to the construction site on an "all-risks" completed value form. [ ] § B.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the Construction Manager and used on the Project, including scaffolding and[gther equipment. [ ] § B.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Construction a ger and any applicable limits) Coverage Limits § B.3.4 Performance Bond and Payment Bond The Construction Manager shall provide surety bonds, from a company or companies lawfully au o ' ed to issue surety bonds in the jurisdiction where the Project is located, as follows: (Speck type and penal sum of bonds.) Type Penal Sum ($0.00) Payment Bond 100% of Contract Sum. Performance Bond 1100% of Contract Sum. Payment and Performance Bonds shall be AIA Document A312TM, Payment Bond and PerformanceA nd, or contain provisions identical to AIA Document A312TM, current as of the date of this Agreem�rfii\. ARTICLE BA SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as n AIA Document A133m - 2019 Exhibit B. Copyright © 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 7or any portion of it, may result in sevee civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA softwrare at 11:22:07 ET on 01/24/2020 under Order No.7449099792 which expires on 12/13/2020, and is not for resale. User Notes: PCa�b I 176V 403 DRAFT AIA' Document A201T' - 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Farmington Police Remodel and Expansion 19500 Municipal Drive Farmington, MN 55024 THE OWNER: (Name, legal status and address) «« City of Farmington 19500 Municipal Drive Farmington, MN 55024 K >> THE ARCHITECT: (Name, legal status and address) Boarman Kroos Vogel Group, Inc. 222 North 2nd Street, Suite 101 Minneapolis, MN 55401 »« » »K » K » TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY ADDITIONS AND DELETIONS: T author of this document ladded information d for its completion. T thor may also have i d the text of the o 'g' al AIA standard form. A itions and Deletions Repo that notes added informatioqn as well as revisiorrs to the standard form text is available from the aut and should be revie d. Th' ument has important i g nsequences. Consul tion with an attorney is encouraged with re ect to its completion or m ification. For guid ce in modifying this docu ent to include su eme ary conditions, s e A D cument A503—, G d o Supplementary C d ns. ELECTRONIC COPYING of any portion of this AIA° Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A20191 - 2017. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil 1 and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 117 of 403 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES kcl no AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 118 of 403 INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3,12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2,9.8.3, 12.2.1,13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9. 10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8. 0.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13. Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Represen ive 4.2.10 Architect's Relationship wit on actor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 2. 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 1.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, U. 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11 1 13.3.2, 13.4, 15.2 Architect's Relationship witl Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6. .3 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9. .2 .10.1, 13.4 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1,9.7,1L5,13.1,15.1.2, .1 ,15.2.1,15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3 3, Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.1 0.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 1 .1.3, 1.5 Building Information Mode nd Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Coull 9.8.3, 9.8.4, 9.8.5 AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 119 of 403 Certificates for Payment Concealed or Unknown Conditions 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 3.7.4, 4.2.8, 8.3.1, 10.3 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Conditions of the Contract Certificates of Inspection, Testing or Approval 1.1.1, 6.1.1, 6.1.4 13.4.4 Consent, Written Certificates of Insurance 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 9.10.2 15.4.4.2 Change Orders Consolidation or Joinder 1. 1. 1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 15.4.4 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, CONSTRUCTION BYO Y 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 SEPARATE CONTRACTOW Change Orders, Definition of 1.1.4, 6 7.2.1 Construction Change Direc ve, Definition of CHANGES IN THE WORK 7.3.1 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, Construction Change Dire ves 11.5 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2 7.1.1, 7.1.2, 7.1.3, Claims, Definition of 7.3, 9.3.1.1 15.1.1 Construction Schedules, Coni ict 's Claims, Notice of 3.10, 3.11, 3.12.1, 3.12.2, 6.1 , 15.1.6.2 1.6.2, 15.1.3 Contingent Assignment of 11 abctracts CLAIMS AND DISPUTES 5.4, 14.2.2.2 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Continuing Contract Perfo e Claims and Timely Assertion of Claims 15.1.4 J 15.4.1 Contract, Definition of Claims for Additional Cost 1.1.2 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 CONTRACT, TERMINATION Claims for Additional Time SUSPENSION OF THE 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 5.4.1.1, 5.4.2, 11.5, 14 Concealed or Unknown Conditions, Claims for Contract Administration 3.7.4 3.1.3, 4, 9.4, 9.5 Claims for Damages Contract Award and Executio itions Relating 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 1 1.3, to 11.3.2, 14.2.4, 15.1.7 3.7.1, 3.10, 5.2, 6.1 Claims Subject to Arbitration Contract Documents, Copies Furnish and Use of 15.4.1 1.5.2, 2.3.6, 5.3 Cleaning Up Contract Documents, Defini ' of 3.15, 6.3 1.1.1 Commencement of the Work, Conditions Relating to Contract Sum 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, .1 5.2.3, 7.3, 7.4, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, .7, .3.2, 11.5, 12.1.2, Commencement of the Work, Definition of 12.3, 14.2.4, 14.3.2, 15.1.4.2 5.. , 15.2.5 8.1.2 Contract Sum, Definition o Communications 9.1 3.9.1, 4.2.4 Contract Time Completion, Conditions Relating to 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8,9.9.1, 7.2.1.3,7.3.1,7.3.5,7.3.6,7,7,7.3.10,7.4,8.1.1, 9.10, 12.2, 14.1.2, 15.1.2 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 1 .2, 2.1.1, 12.1.2, COMPLETION, PAYMENTS AND 14.3.2, 15.1.4.2, 15.1.6.1, 15. . 9 Contract Time, Definition o Completion, Substantial 8.1.1 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, CONTRACTOR 9.10.3, 12.2, 15.1.2 3 Compliance with Laws Contractor, Definition of 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 3.1, 6.1.2 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, Contractor's Construction ind Subir ittal 15.2.8, 15.4.2, 15.4.3 Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 120 of 403 Contractor's Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.2.2, 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1 .6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.Fek Date of Commencement ofDefinition of 8.1.2 Date of Substantial Complition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2. 2, 2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9 1, 8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certil ca n 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming eptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6. , 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3. .12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9 , 1 1.1 Delays and Extensions of T 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 4, , 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15. . Digital Data Use and Transmissi 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications s nd Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2 4 . 4 .6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materi 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3 3, 3.12 .13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3. 9.3.2, . .3, 9.5.1.3, 9.10.2,10.2.1,10.2.4,14.2.11 14.2.1 Execution and Progress of th 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.4, 3.L 3.3. , 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5. 1, 9.9.1,10.2510.3,12.1,12.2,14.2,14.3.1,15.1.4 AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 121 of 403 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Conse to Partial Occupancy 9.9.1 Insured loss, Adjustment an ettlement of 11.5 Intent of the Contract Docurr ents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6 4 2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, EquiE 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3 .13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3. .10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7 10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3. 1, 1 4 , .5,14,15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 1 4,15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, ,3 .1,4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6. 1 .2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3. ,3 .5,3.15.1,4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4 .2, .2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.91 0, .2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3 .3, . 2, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3 9 9.10.2, 10.2.1.2,10.2.4,14.2.1.1,14. .2 Means, Methods, Technique equen s and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9 2 Mechanic's Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.1 ,15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4. 1, 15.4.1.1 AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil 6 and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 122 of 403 Minor Changes in the Work 1. 1. 1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1. 1. 1, 1. 1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3,12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3,12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the I I ork 2.4 Owner's Right to Suspend thWork 14.3 Owner's Right to Terminate f e Contract 14.2, 14.4 Ownership and Use of Dra ngs, Specifications and Other Instruments of S e rvice 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5,7.3.9,9.2,9.3,9.4,9.5,9.6.3,9 9.8.5,9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for r 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9 . 6 .6.6,9.7,9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14. .2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14. Payment Bond, Performance Bon d 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3t(. PAYMENTS AND COMP 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 914.2.1.2 PCB10.3.1Performance Bond and Pad 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Comilliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERT ECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Sho Dr wings 3.11, 3.12, 4.2.7 AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 123 of 403 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9. 1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9. 10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1. 1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6. 1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6,8.3.1,12.1.2 Separate Contractors, Defii ion of 6.1.1 Shop Drawings, Definition 3.12.1 Shop Drawings, Product D to and S mples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.2,9.4.2,9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5. 9.41.2, 9.10.1, 13.4 Special Inspections and Test' ty 4.2.6, 12.2.1, 13.4 Specifications, Definition o 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition o 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3 .3 3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 1 .1, .1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, .2. 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4. 9.8, 9. , 9.10.3, 12.2, 15.1.2 Substantial Completion, D nition 9.8.1 Substitution of Subcontracto 5.2.3, 5.2.4 Substitution of Architect 2.3.3 AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 124 of 403 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CO OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Con aled or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1,1.5,2.3.6,3.12.6,5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contrac r 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the O e 9.9.3, 9.10.3, 9.10.4, 12.2.2.1 .3 , 14.2.4, 15.1.7 Waiver of Consequential Da 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 1 .10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, n.2,13.2,14.3.1 AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil 9 and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 125 of 403 ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is ) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Direc e, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumeratc d in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bi le forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the ontracto 's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the Are and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or reements, either written or oral. The Contract may be amended or modified only by a Modification. The Co act ocuments shall not be construed to create a contractual relationship of any kind (1) between the Contractor d Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, () 11, tween the Owner and the Architect or the Architect's consultants, or (4) between any persons or entities other t iar he Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of ob i at ns under the Contract intended to facilitate performance of the Architect's duties. i — 71 § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether mpleted or partially completed, and includes all other labor, materials, equipment, and services provided or to e rovided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a pyf o the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Doc q ay be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, ation and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagra)ps. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written reqki t for materials, equipment, systems, standards and workmanship for the Work, and performance of related 1.1.7 Instruments of Service § Instruments of Service are representations, in any medium of expression now known or later devbloped, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisio nror 'ms in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Otractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper Lecujtioond completion of the Work by the Contractor. The Contract Documents are complementary, anquired by one shall be as binding as if required by all; performance by the Contractor shall be required only totm extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 1 0 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 126 of 403 § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Contract. n § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrang control the Contractor in dividing the Work among Subcontractors or in establishing the performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known tec industry meanings are used in the Contract Documents in accordance with such recognized § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defm( numbered articles, or (3) the titles of other documents published by the American Institute § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as articles such as "the" and "an," but the fact that a modifier or an article is absent from one another is not intended to affect the interpretation of either statement. of Drawings shall not oftobe or construction titles of "any" and T1d appears in § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of th r r spective Instruments of Service, including the Drawings and Specifications, and retain all common law, statu ory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractor i, Sub - subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Serviqt. Suq1 liftal or distribution to meet official regulatory requirements or for other purposes in connection wit e ject is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserve § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are authorized to use an re roduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections INJind 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the colAmght notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontrac a uppliers may not use the Instruments of Service on other projects or for additions to the Project outside th o o the Work without the specific written consent of the Owner, Architect, and the Architect's consultants § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents requirpc)ncarty to notify or give notice to the other party, such notice shall be provided in writing to the designated reprive of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in ail, by courier, or by electronic transmission. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice ' ad ssed by certified or registered mail, or by courier providing proof of delivery. / \ § 1.7 Digital Data Use and Transmission If the parties intend to transmit Instruments of Service or any other information or documentation in J igital form, prior to commencement of Work they shall endeavor to establish necessary protocols governing such ansmissioi unless otherwise already provided in the Agreement or the Contract Documents. AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 11 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 127 of 403 ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. n § 2.1.2 Work is to proceed as a no -lien Project in accordance with the laws of the State of M i nesota regarding public projects. Contractor shall provide to the Owner both a Labor and Material Payment Performance Bond each in the amount of the Contract Price prior to the commencement of Work as requi ed b Mi nesota Statutes § 574.26. The Contractor, for itself and for all who claim through the Contractor, a owledges and agrees: (i) that because it is a public project, no lien shall attach to the real estate on which the Project is located or to any improvements now existing or to be constructed thereon in favor of the Contractor or any Subcontractor, mechanic, journeyman, laborer, material vendor, lessor of tools or equipment or any other parry who may furnish work, materials, equipment, services, tools or machinery for the design or construction of improvements on the land. § 2.2 Evidence of the Owner's Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the w shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfil h wner's obligations under the Contract. The Contractor shall have no obligation to commence the W k until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, 1 h rContract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owne hall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill th O er's obligations under the Contract only if (1) the Owner fails to make payments to the Contractor a e ontract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding th is ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. f e wner fails to provide such evidence, as required, within fourteen days of the Contractor's request, the Contract may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) ab v the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evide ce 's provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately an Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and sta -up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, e er shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "co id ial," the Contractor shall keep the information confidential and shall not disclose it to any other person. wever, the Contractor may disclose "confidential" information, after seven (7) days' notice to the Owner, wher isclosure is required by law, including a subpoena or other form of compulsory legal process issued by court or overnmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub -subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to ain`t 'n the confidentiality of such information. �� § 2.3 Information and Services Required of the Owner I I § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract E including those required under Section 3.7.1, the Owner shall secure and pay for necessary approve assessments and charges required for construction, use or occupancy of permanent structures or for changes in existing facilities. — AIA Document A2011 - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 12 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 128 of 403 § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitationsRid utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. J § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contra Documents with reasonable promptness. The Owner shall also furnish any other information or services andIceiving the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after the Contractor's written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the for t actor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner's Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, e ept to the extent required by Section 6.1.3. § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract u nits and fails within a ten-day period after receipt of notice from the Owner to commence and continue co c ' of such default or neglect with diligence and promptness, the Owner may after such ten-day period give the Co tra for a second written notice to correct such deficiencies within a three-day period. If the Contractor within such r -day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the er may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action y the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and Ar tect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, t t e to t reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, in 1 d wner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. I I ARTICLE 3 CONTRACTOR LJ § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if reqdir7chn the jurisdiction where the Project is located. The Contractor shall designate in writing a represen ative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The "C actor means means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accord=hontr e Contract Documents either by activities or duties of the Architect in the Architect's administration ot,or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. AIA Document A2011 - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 1 3 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 129 of 403 § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion Rthe Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination of construction by the Contractor and t for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; ho ever the ontractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered b r made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review pursuant to Section 3.2 is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accord c ith applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authoritie% bul he Contractor shall promptly report to the Architect any nonconformity discovered by or made known tot Ce itractor as a request for information in such form as the Architect may require and necessary changes sh b ccomplished by appropriate Modification to the Contract Documents. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to(ew!, 4tion e obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, su15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contrarms those obligations, the Contractor shall not be liable to the Owner or Architect for damages resultirors, inconsistencies or omissions in the Contract Documents, for differences between field measor conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicabatutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and atte n. The Contractor shall be solely responsible for, and have control over, construction means, methods, tectin' ues, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the tract Documents give specific instructions concerning construction means, methods, techniques, e or procedures, the Contractor shall evaluate the jobsite safety thereof and, as between the Own a Contractor, shall be solely responsible for the jobsite safety of such means, methods, techniques, seque s, r rocedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may t safe, the Contractor shall give timely notice to the Owner and Architect, and shall not proceed with t t p ion of the Work without further written instructions from the Architect. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contr ctor's em loyees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. _ § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already perfoln� ermine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide a pay f labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, tra sportati , and other facilities and services necessary for proper execution and completion of the Work, whether tempora r permanent and whether or not incorporated or to be incorporated in the Work. L AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 14 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 130 of 403 § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit person r persons not properly skilled in tasks assigned to them. ff § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect for a period of one year after thedate of S bstantial Completion of the Work or designated portion thereof or after the date of commencement o arranties established under Subparagraph 9.9.1 that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants for a period of one year after the date of Substantial Completion of the Work or designated portion thereof or after the date of commencement of warranties established under Subparagraph 9.9.1 that the Work will conf to the requirements of the Contract Documents and will be free from defects, except for those inherent in the qu t ity r f the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to th r uirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect cau abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper pe lion, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish sa ' fa ry evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Sion 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes or tariffs for the Work provid he Contractor that are legally enacted when bids are received or negotiations concluded, whether or not ye e e ve or merely scheduled to go into effect. The Contract Sum shall be equitably adjusted by Change Order cc nt for any such taxes, tariffs or other changes in law legally enacted after bids are received or negotiations c c d. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay fo t e building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary r proper execution and completion of the Work that are customarily secured after execution of the Cot a legally required at the time bids are received or negotiations concluded. ," § 3.7.2 Subject to Section 3.2.3, the Contractor shall comply with and give notices required a 'cable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities app 11callfto performance of the Work. § 3.7.3 Subject to Section 3.2.3, if the Contractor performs Work knowing it to be contrary to applicabic laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise cone e s cal conditions that differ materially from those indicated in the Contract Documents or (2) unknown physi cond i ns of an unusual nature that differ materially from those ordinarily found to exist and generally recog ized as erent in construction activities of the character provided for in the Contract Documents, the Contractor shall raptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later th 10 days after first observance of the conditions. If the conditions encountered are materially different, the Co act Sum and Contract Time shall be equitably adjusted. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's c st of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 1Jr International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 131 of 403 different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor recognizes the existence of human remains, burial markers, or archaeological sites not indicated in the Contract Documents, the Contractor shall immediatknerbut any operations that would affect them and shall notify the Owner and Architect. Upon receipt o, the Owner shall promptly take any action necessary to obtain governmental authorization required to rperations. The Contractor shall continue to suspend such operations until otherwise instructed by thehall continue with all other operations that do not affect those remains or features. If such conditions are, the Contract Sum and Contract Time shall be equitably adjusted. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contra ocuments. Items covered by allowances shall be supplied for such amounts and by such persons or entities as e Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contract has reasonable objection. n § 3.8.2 Unless otherwise provided in the Contract Documents, I I .1 allowances shall cover the cost to the Contractor of materials and equipment delivcrcd at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation c sts overhead, profit, and other expenses contemplated for stated allowance amounts shall be inclu ch stated allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adju ted accordingly by Change Order. The amount of the Change Order shall reflect the difference betty4)actual costs and the allowances under Section 3.8.2.1 and Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in suffic(eie to avoid delay in the Work. �� § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who sha be 'n attendance at the Project site during performance of the Work. The Contractor's Project Manager shall represent e Contractor, and communications given to the Contractor's Project Manager shall be as binding as if given to the ntractor. § 3.9.2 The Contractor shall not employ a proposed superintendent to whom the Owner or E reasonable and timely objection. The Contractor shall not change the superintendent withoi which shall not unreasonably be withheld or delayed, unless such person becomes unable t duties due to death, disability, resignation, or termination of employment. If the superinter of performing his or her duties as described above, the Contractor shall promptly submit to any person Contractor requests to instate as a substitute, and unless the Owner reasonably c be substituted. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the OV information a Contractor's construction schedule for the Work. The schedule shall contain Project, including (1) the date of commencement of the Work, interim schedule milestone c Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) completion of each portion of the Work. The schedule shall provide for the orderly progress completion and shall not exceed time limits current under the Contract Documents. The sch appropriate intervals as required by the conditions of the Work and Project. 7er'smade consent, s or her no longer capable ner the resume of such person shall s and Architect's 11riate for the date of shall uired for ork to e revised at § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necess am a current submittal schedule, shall submit a submittal schedule for the Architect's approval. The Arc oval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 1 6 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 132 of 403 § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currentffto indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a -ecord e Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepareFstrate e Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier, or distributor to it some portion of the Work. r, § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, ocKres, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for so e44rtion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship` H stablish standards by which the Work will be judged. I LLJJ § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design c A ept expressed in the Contract Documents for those portions of the Work for which the Contract Documen/ss 'e bmittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submitthich the Architect is not expected to take responsive action may be so identified in the Contract DocSubmittals that are not required by the Contract Documents may be returned by the Architect without actio § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, N49mit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Conftact Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved s mittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in t ctivities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, theNn(��31 epresents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) deteerified materials, field measurements and field construction criteria related thereto, or will do so, ed and coordinatedthe information contained within such submittals with the requirements of thef the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Doc nts require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's ap oval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifical y noti i the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to a spec c deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has b n issue uthorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions i Shop wings, Product Data, Samples, or similar submittals, by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Dr ins Pr duct Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect's approval of a resubmission shall not apply to such revisions. AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 1,7 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 133 of 403 § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. _ § 3.12.10.1 If professional design services or certifications by a design professional related ) equipment are specifically required of the Contractor by the Contract Documents, the Own specify all performance and design criteria that such services must satisfy. The Contractor upon the adequacy and accuracy of the performance and design criteria provided in the Co) Contractor shall cause such services or certifications to be provided by an appropriately lic professional, whose signature and seal shall appear on all drawings, calculations, specificat Drawings, and other submittals prepared by such professional. Shop Drawings, and other s Work, designed or certified by such professional, if prepared by others, shall bear such pro approval when submitted to the Architect. The Owner and the Architect shall be entitled to and accuracy of the services, certifications, and approvals performed or provided by such d provided the Owner and Architect have specified to the Contractor all performance and de,, services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and appro, appropriate action on submittals only for the limited purpose of checking for conformance and the design concept expressed in the Contract Documents. stems, materials, or id the Architect will ed to rely t Docu ents. The d design , certifications, Shop ittals related to the onal's written upon the adequacy n 7 rofessionals, c i eria that such 10 e other formation given § 3.12.10.2 If the Contract Documents require the Contractor's design professional to certify hhat the rk has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form reasonably specified by the Architect. A § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, and regulations, lawful orders of public authorities, and the Contract Documents and shal encumber the site with materials or equipment. rules § 3.14 Cutting and Patching \ ' § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored 14lose as reasonably practicable under the circumstances to the condition existing prior to the cutting, fitting, or�patching unless otherwise required by the Contract Documents. / \ A § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or parti 1 leted construction of the Owner or Separate Contractors by cutting, patching, or otherwise alterin u onstruction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or Se ate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be a asonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate C ra r, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall 'rove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus l\fl;o mitt riam and about the Project. ' 1 § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owne# �iay do R and the Owner shall be entitled to reimbursement from the Contractor. III § 3.16 Access to Work ' The Contractor shall provide the Owner and Architect with access to the Work in preparatio an r ess wherever located. AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 18 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 134 of 403 § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shalle responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold ham less the O ner, Architect, Architect's consultants, and agents and employees of any of them from and again claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting m performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to th xtent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly ployed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, Oss, r expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed ton at , abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person dd, xit c d in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an em Tu7t e Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers' compe ation acts, disability benefit acts, or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 id I tified as such in the Agreement. The term "Architect" means the Architect or the Architect's authorized repre n e. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the C( shall not be restricted, modified, or extended without written consent of the Owner, Contractor, Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contrac o nts and will be an Owner's representative during construction until the date the Architect issues the final C ifi for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided ' th ontract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, of las otherviise agreed with the Owner, to become generally familiar with the progress and quality of the portion o4 the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Wor . Th rchitect will not have control over, charge of, or responsibility for the construction means, methods, technique , uences or procedures, or for the safety precautions and programs in connection with the Work, since these are lely the Contractor's rights and responsibilities under the Contract Documents, except as provided W Pection .3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informeldbout th rogress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviation rom the Contract Documents, (2) known deviations from the most recent construction schedule sub itted e Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsibld for the C retractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 1 9 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 135 of 403 have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall endeavor to include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to t Project. Communications by and with the Architect's consultants shall be through the Archi c ct. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by d with Separate Contractors shall be through the Owner. The Contract Documents may specify other comint r ication protocols. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, tqJ Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such aflounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract DoMments. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require insmection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricatedtic t ed or completed. However, neither this authority of the Architect nor a decision made in good faith either to e or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contract! Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contract&rlqubmittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking nformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an a oved submittal schedule, with reasonable promptness so as to cause no delay in the Work or in the activ' ie of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professions ent to permit adequate review. Review of such submittals is not conducted for the purpose of determining t uracy and completeness of other details such as dimensions and quantities, or for substantiating instru i s r installation or performance of equipment or systems, all of which remain the responsibility of the Contrac s uired by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve e le of the obligations under Sections 3.3, 3.5, and 3.12. The Architect's review shall not constitute appro 1 of safety precautions or, unless specifically stated by the Architect, of any construction means, methods, techniques, sequences, or procedures. The Architect's approval of a specific item shall not indicate approval ofassembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and e inor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinatih recommendations regarding concealed and unknown conditions as provided in Section 3.7. . § 4.2.9 The Architect will conduct inspections to determine the date or dates of SubstantialC m tion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8, re iv nd forward to the Owner, for the Owner's review and records, written warranties and related documents requii ed by the ontract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Paym nt pursua t to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representtves to assist in carrying out the Architect's responsibilities at the site. The Owner shall promptly notify the 7trast� of any change in the duties, responsibilities and limitations of authority of the Project representativ sso �1 § 4.2.11 The Architect will interpret and decide matters concerning performance under, and Mquirem is of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response t such requests will be made in writing within any time limits agreed upon or otherwise with reasonable pro pptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, arid reasons ly inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and ,� O International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 136 of 403 and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contra ocuments. The Architect's response to such requests will be made in writing with reasonable promptness, b in no event later than fifteen (15) days after receipt of such request. If appropriate, the Architect will prepare and ue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to erform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Document as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. Th�term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. n § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a b ntractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throu on e Contract Documents as if singular in number and means a Sub -subcontractor or an authorized repres at' e of the Sub - subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable aft ward of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each princip p ion of the Work, including those who are to furnish materials or equipment fabricated to a special designAb it n 7 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the ct (1) has reasonable objection to any such proposed person or entity or (2) requires additional time fo . Failure of the Architect to provide notice within the 7-day period shall constitute notice of no reasonable § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner oWhitect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by tor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objectiroposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum ac Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appr rnrihalnge Order shall be issued before commencement of the substitute Subcontractor's Work. However, non the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted proresponsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previouly selecte if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the ext Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docd to assume toward the Contractor all the obligations and responsibilities, including the responsibility fo netc he Subcontractor's Work that the Contractor, by these Contract Documents, assumes toward thed Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under t Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting the of will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided oth is subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Co tra t r b the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and ,� 1 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 137 of 403 prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. § 5.4 Contingent Assignment of Subcontracts -1 § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor tplthe Owner, provided that II .1 assignment is effective only after termination of the Contract by the Owner f c suant to Section 14.2 and only for those subcontract agreements that the Owner accep s b noti ing the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under Fndrelating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes th ontractor's rights and obligations under the subcontract. I n § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the compensation shall be equitably adjusted for increases in cost resulting from the suspensi( § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign act to a successor contractor or other entity. If the Owner assigns the subcontract to a successor con her entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. A ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Ow<4toisNance separate agreements. The Owner reserves the right to perform construction or operations related tot with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contantially similar to those of this Contract, including those provisions of the Conditions of the Contract relatand waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction 'r operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Coxftor o executes each separate Owner -Contractor Agreement. n " § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces1dnd'd jeach Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall articipate with any Separate Contractors and the Owner in reviewing their construction schedules when dir cted to do so. The Contractor shall make any revisions to its construction schedule deemed necessary after a j+t re*iew and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractors Separate Contractors, and the Owner until subsequently revised. L J § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors, the Owner o is arate Contractors shall have the same obligations and rights that the Contractor has under the Con nand the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, § 6.2 Mutual Responsibility I' § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for in duction and storage of their materials and equipment and performance of their activities, and shall connect and co dinate the Contractor's construction and operations with theirs as required by the Contract Documents § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and ,�,� International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 138 of 403 promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. n § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payabli to a Separate Contractor because of the Contractor's delays, improperly timed activities or defective cons tion. e Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate ontractor' delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes completed or partially completed construction or to property of the Owner or Separate Contractor as prov ed in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutt Ag z 7 d patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the rcsponsil5i lity under their respective contracts for maintaining the premises and surrounding area free from waste materials and bbish, the Owner may clean up and the Architect will allocate the cost among those responsible. l T ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work maybe accomplished after execution of the Contract, and without i Aal-datingthe Contract, by Change Order, Construction Change Directive or order for a minor change in the�Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and, Change Directive requires agreement by the Owner and Architect and may or may not be a Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Contractor shall proceed promptly with changes in the Work, unless otherwise provided in Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. A Construction v the . The Order, Contractor, and § 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signterms Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Cor Contract Time, or both. The Owner may by Construction Change Directive, without invalidating theder changes in the Work within the general scope of the Contract consisting of additions, deletions, or os, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on a Change Order. AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 2 3 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 139 of 403 § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustkof ontract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and sa e performing the Work attributable to the change, including, in case of an increase in the Contract Sum, 6mount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such foras the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwiV provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the follo ing: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by 0 greement or custom, workers' compensation insurance, and other employee costs approved by the cl 1 tect; .2 Costs of materials, supplies, and equipment, including cost of transportation, 4he I er incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether r to rom the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, orLdmilar tales, directly related to the change; and 5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may a a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proc w the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement h method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the on act Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreeme - therewith, including adjustment in Contract Sum and Contract Time or the method for determining theich reement shall be effective immediately and shall be recorded as a Change Order. ,� § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or c�ange that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for ojerheV and profit shall be figured on the basis of net increase, if any, with respect to that change. U Li § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to tbLQ2MerJe Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professio 1 ju ment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Mnce esame basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accoArticle 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect flncernin the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the djustm ts, such agreement shall be effective immediately and the Architect will prepare a Change Order. C ge Or s may be issued for all or any part of a Construction Change Directive. AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 2 4 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 140 of 403 § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect's order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. _ ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized ts, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordancLJwith Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless of e specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. ByTcng the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the W § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and OwnA § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Wor 1 an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by change r red in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse we e onditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor's control; ( y disruptions in labor or materials resulting from a health crisis regardless of whether an infectious disease, epidem' , pandemic or outbreak isolated to areas from which such labor and materials are supplied; (5) by delay authorized the Owner pending mediation and binding dispute resolution; or (6) by other causes that the Contractorjasserts a d the Architect determines, justify delay, then the Contract Time and the Contract Sum shall be e uitably ddjusted by Change Order. 11 1. / § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party und1-ret�h�r�p�pvisions of the Contract Documents. II ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, 0(eC)o mount payable by the Owner to the Contractor as compensation for performance of the Work undeact Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and quantit s originally contemplated are materially changed so that application of such unit prices to the actual qua ities ca es substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 2 5 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 141 of 403 § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Arc tect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's I sequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contract shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of v ilues, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if requii c d, and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require, su as copies of requisitions, and conditional releases and waivers of liens from Subcontractors and supplier and shall reflect retainage if provided for in the Contract Documents. I I n § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment ac unt of changes in the Work that have been properly authorized by Construction Change Directives, or by inte erminations of the Architect, but not yet included in Change Orders. t § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of thelWork for Which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. 40-faterials § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If ap oved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored ff the ite at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall on tioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Ow le to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs o ap licable insurance, storage, and transportation to the site, for such materials and equipment stored off the ' e. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass o the Owner no later than the time of payment. The Contractor further warrants that upon submittal of ff n for Payment all Work for which Certificates for Payment have been previously issued and paed from the Owner shall, to the best of the Contractor's knowledge, information, and belief, be free as, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, ns or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment I I I I § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Paymenj either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, ad notify the Contractor and Owner of the Architect's reason for withholding certification in whole as prItict d ection 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Arcto t Owner, based on the Architect's evaluation of the Work and the data in the Application for Payment, that, to e best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the q lity of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment i e amount certified. The foregoing representations are subject to an evaluation of the Work for confo ance ' the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to c rr ti n f minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and ,� 6 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 142 of 403 made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the exte I reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the rchitect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot my ree on a ilevised amount, the Architect will promptly issue a Certificate for Payment for the amount for whic the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for thich ment or,because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Paympreviously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss f the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, b ause of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of sl Ah 1 dins, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or sup Aier ; for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balan ntract Sum; .5 damage to the Owner or a Separate Contractor; t!n .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the agcipated delay; or repeated failure to carry out the Work in accordance with the Contract § 9.5.2 When either party disputes the Architect's decision regarding a Certificate for Paymf<l Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at it' sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor fai to make payment for amounts owed to such Subcontractor or material or equipment supplier for Work pr r performed or material or equipment suitably delivered by such Subcontractor or material or equipment suppli I the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shalllre such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make paym anner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall promptly pay each Subcontractor, no later than ten days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually r tain d from payments to the Contractor on account of the Subcontractor's portion of the Work, in accordance with the Municipal Prompt Payment Act, Minnesota Statutes, § 471.425. The Contractor shall, by appropriate a reemen ith each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a sim It r ma § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regardin ercentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and O vner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 2,7 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 143 of 403 fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. n § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy 41 the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Docum § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum f the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or prlined ded by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or fu hed materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing co herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Docume its, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation expenses, arising out of any lien claim or other claim for payment by any Sub ontractor r supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify JLclontractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. A § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, w even days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contr ct hin seven days after the date established in the Contract Documents, the amount certified by the Architect a ed by binding dispute resolution, then the Contractor may, upon seven additional days' notice to the Owne chitect, stop the Work until payment of the amount owing has been received. The Contract Time shall be exten d propriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdo , elay and start- up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or de e rtion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can o u o utilize the Work for its intended use. I I § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner re to accept separately, is substantially complete, the Contractor shall prepare and submit to the Archite a c prehensive list of items to be completed or corrected prior to final payment. Failure to include an item on suc list d e of alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docui § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses aaestablish ther or not included on the Contractor's list, which is not sufficiently complete in accordance with the uments so that the Owner can occupy or utilize the Work or designated portion thereof for its intendedtractor shall, before issuance of the Certificate of Substantial Completion, complete or correct suchtification by the Architect. In such case, the Contractor shall then submit a request for another inspectchitect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architecta Certificate of Substantial Completion that shall establish the date of Substantial Completion responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and ,� 8 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 144 of 403 Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the rk at any stage when such portion is designated by separate agreement with the Contractor, provided such occup y or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. SiFneeming ccupancy or use may commence whether or not the portion is substantially complete, provided the Own actor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing he period for correction of the Work and commencement of warranties required by the Contract Documee Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list tot as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unre nably withheld. The stage of the progress of the Work shall be determined by written agreement between the ONAN r and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Arch t ct s iall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record t condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. A § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection an c tance and upon receipt of a final Application for Payment, the Architect will promptly make such inspectio the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, A itect will promptly issue a final Certificate for Payment stating that to the best of the Architect's know d nformation and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been com et d in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further resentation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final paymen ave been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due untiptl�eon actor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that i ur ce required by the Contract Documents to remain in force after final payment is currently in effect, (3) a NN stai ment that the Contractor knows of no reason that the insurance will not be renewable to cover the period uired by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers' warranties or specific Subcontractor warranties, (6) a set of as -built plans, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and ' su form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver require wrier, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against su ien, im, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatis after yments are made, the Contractor shall refund to the Owner all money that the Owner may be compelle pay i ischarging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorne fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Archi e t arms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and ,� 9 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 145 of 403 the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Docume �finalj:a .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, aft Lent. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall Itristitute a waiver of claims by that payee except those previously made in writing and identified by that payee a settled at the time of final Application for Payment. ffn ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs § 10.1.1 The Contractor shall be responsible for initiating, maintaining, and supervising all s recautions and programs in connection with the performance of the Contract. § 10.1.2 The Owner and the Contractor acknowledge and agree that the obligations of Contr dtu?related to protection of persons and property are obligations that run to the Owner only, and nothing i icle 10 is intended to limit or otherwise reduce the safety responsibilities of the Subcontractors. Contractor and Owner further agree that Contractor's Subcontractors are independent contractors and that the SubcontractJand Subcontractors' employees are not the employees of Owner or Contractor. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reatection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pave nts, roadways, structures, and utilities not designated for removal, relocation, or replace mey�t in the course of construction. / \ § 10.2.2 Subject to Section 3.2.3, the Contractor shall comply with, and give notices requireq y ro cable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, be insafety of persons or property or their protection from damage, injury, or loss. t § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditi jis drld performance of the Contract, reasonable safeguards for safety and protection, including posting danger sign and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adj ent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusifl me hods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry onc�rai ities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss iWred ui i er property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2. caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indire y employed by any of them, or by anyone for whose acts they may be liable and for which the Contract gible under Sections 10.2.1.2 and 10.2.1.3, except to the extent such damage or loss is attributable to a ions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil 30 and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 146 of 403 of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission c party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whet er or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1If a material or substance reasonably believed by the Contractor to be hazardous, tox p roleum. or a constituent thereof, including but not limited to asbestos or polychlorinated biphenyl (PCB) e 1 ountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately st k in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licehsed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualific9tions of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable obj c�n to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a p n entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect ha asonable objection. When the material or substance has been rendered harmless, Work in the affected ar s all resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable -c ditional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmlesEsh ctor, § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materialses the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or sub nce§ 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incur or re iation of hazardous materials or substances the Contractor brings to the site and negligently handles, ovided atsuch material or substance was not required by the Contract Documents, except to the extent that e cost d expense are due to the Owner's fault or negligence.Subcontractors, Architect, Architect's consultan ts, and agents and employees of any of theagainst claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising o ulting from the presence on the site of any hazardous or toxic material or substance, including but not li estos, polychlorinated biphenyl (PCB), or petroleum or a constituent thereof, except to the extent t mage, loss, or expense is due to the sole fault or negligence of the party seeking indemnity. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable for �he ermtd4 remediation of a hazardous material or substance solely by reason of performing Work as required by th Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 3 1 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 147 of 403 § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liabPcontractor ty, containing the endorsements, and subject to the terms and conditions, as described in the Agreement. The shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully rized to issue insurance in the jurisdiction where the Project is located. The Owner shall be named as ad itional ins red as set forth in Exhibit B to the Agreement. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and su ' ct to such terms and conditions as required by the Agreement. The Contractor shall purchase and maintain the re fired such from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where tf e Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of b ids covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of th o s or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance. Within three business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Agreement, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been r by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contra or all not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner's Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, o i ing the endorsements, and subject to the terms and conditions, as described in the Agreement. The Ow r all purchase and maintain the required insurance from an insurance company or insurance companies lawfully ut rized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase andffnte e required property insurance, with all of the coverages and in the amounts described in the Agreemenr shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Contractor may delay commencement of the Work and may obtain insurance that will protests of the Contractor, Subcontractors, and Sub -Subcontractors in the Work. When the failure to provi has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the ener fails to procure coverage, the Owner waives all rights of action against the Contractor, Subcontractb- subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. V the Own r does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Within t e (3) siness days of the date the Owner becomes aware of an impending or actual cancellation or expiration of a prope insurance required by the Agreement, the Owner shall provide notice to the Contractor of such impen i g or a al cancellation or expiration. Unless the lapse in coverage arises from an act or omission of th ontrac r: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work unt 1 the lap in coverage has been cured by the procurement of replacement coverage by either the Owner or the Con the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights of tion against the Contractor, Subcontractors, and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 32 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 148 of 403 insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, anmployees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by pro erty insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written wrversin or of the individuals and entities identified above from the Architect, Architect's consultants, Separars, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintainrson or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subhis waiver of subrogation shall be effective as to a person or entity (1) even though that person or entitywise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity didinsurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable in est in the damaged property. Ir § 11.3.2 If during the Project construction period the Owner insures properties, real or personal o both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if aftei final payment property insurance is to be provided on the completed Project through a policy or policies other tl an those insuring the Project during the construction period, to the extent permissible by such policies, the OmIncrvhdrrq all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of IcIss covere by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owne against loss of use of the Owner's property, or the inability to conduct normal operations, due to fire or other cau s of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the wne ' property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted t Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, bject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Arc tect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriarIA e is the Architect and Contractor shall make payments to their consultants and Subcontractors in siz er. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the teHns A/he proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall ha he right to object to the proposed settlement or allocation of the proceeds. Upon receipt, the Owner shall dep .t t insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no othe g ment is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall ecute hange Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpo e. If the ntractor objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, th wn may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect's written request or toLvered specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uthe Architect's examination and be replaced at the Contractor's expense without change in thee. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 33 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 149 of 403 Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform I c the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabr , ' lied or completed. Costs of correcting such rejected Work, including additional testing and inspecti ns thee st of uncovering and replacement, and compensation for the Architect's services and expenses m e necessary thereby, shall be at the Contractor's expense. § 12.2.2 After Substantial Completion u § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one yeaqatfi r the date of Substantial Completion of the Work or designated portion thereof or after the date for concement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required e Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promp a r discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify th rand give the Contractor an opportunity to make the correction, the Owner waives the rights to require co the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner ty correct it in accordance with Section 2.5. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portio 0 ork first performed after Substantial Completion by the period of time between Substantial Completi n n e actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work er rmed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor acRth/ner e Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction or Separate Contractors, whether completed or partially completed, caused by the Contractor's correctial of Work that is not in accordance with the requirements of the Contract Documents. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the cuments, the Owner may do so instead of requiring its removal and correction, in which case the Contrac Sum will a reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located, excludi thJjsdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute olthe Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, d legal 4 representatives to the covenants, agreements, and obligations contained in the Contract Doci tments. E cept as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil 34 and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 150 of 403 of the other. If either party attempts to make an assignment without such consent, or makes such assignment with or without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. _ § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remediesvailable thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies othe i d or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a aver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required tfc Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful ers of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, ins ections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the ap ropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contracto s`Irnll the Architect timely notice of when and where tests and inspections are to be made so that the Architect resent for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests,�i i spections, or approvals where building codes or applicable laws or regulations so require. l § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portio s A the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architectqsh ritten authorization from the Owner, instruct the Contractor to make arrangements for such additi, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notichitect of when and where tests and inspections are to be made so that the Architect may be present foredures. Such costs, except as provided in Section 13.4.3, shall be at the Owner's expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failu of the portions of the Work to comply with requirements established by the Contract Documents, al c sts de necessary by such failure, including those of repeated procedures and compensation for the Architect' s ' s nd expenses, shall be at the Contractor's expense. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise requi#{d Wthe Contract Documents, be secured by the Contractor and promptly delivered to the Architect. II I § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the ContracDocuments, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made proMQtIV to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date p ent is e at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from e to ti at the place where the Project is located. AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil 35 and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 151 of 403 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requi s all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not n tified the fontractor of the reason for withholding certification as provided in Section 9.4.1, or because the O er has not made payment on a Certificate for Payment within the time stated in the Contrhct Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing p ions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for 1mp�etion, or 120 days in any 365-day period, whichever is less. 11 II § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor mat, seven days' notice to the Owner and Architect, terminate the Contract and recover from the Owner pa rk executed, as well as reasonable overhead and profit on Work not executed, costs incurred by reason nation, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the C tr ctor, a Subcontractor, a Sub -subcontractor, or their agents or employees or any other persons or entitie a orming portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligat®rpa r the Contract Documents with respect to matters important to the progress of the Work, the Contractor mseven additional t�rovided days' notice to the Owner and the Architect, terminate the Contract and recover from the O in Section 14.1.3. § 14.2 Termination by the Owner for Cause \ 1 § 14.2.1 The Owner may terminate the Contract if the Contractor \vl .1 repeatedly refuses or fails to supply enough properly skilled workers or propMmateria.2 fails to make payment to Subcontractors or suppliers in accordance with thegreement between the Contractor and the Subcontractors or suppliers;.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Docu § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification bLtheArchitect that sufficient cause exists to justify such action, the Owner may, without prejudice to any otheremedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' notiat employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem exped t. Up written request of the Contractor, the Owner shall furnish to the Contractor a detaile ccount g of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14 1, the retractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 3 6 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 152 of 403 expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or ' terrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and tfonftract. by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum sh rofit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or intenother cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the § 14.4 Termination by the Ownerfor Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience aJJ w�out cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner's conven'he Contractor shall lul .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and p of the Work; and .3 except for Work directed to be performed prior to the effective date of termination sta in the notice, terminate all existing subcontracts and purchase orders and enter into no Z)` ubcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Owner shall pay the C a r for Work properly executed (including the Contractor's Fee thereon) up to the date of termination; co4t1sqnCt Ted by reason of the termination, including costs attributable to termination of Subcontracts; and the terminate if any, set forth in the Agreement. 1. ARTICLE 15 CLAIMS AND DISPUTES V § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustor o t retation of Contract terms, payment of money, a change in the Contract Time, or other relief with resp t erms of the Contract. The term "Claim" also includes other disputes and matters in question between th and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest ith t e party making the Claim. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the othe and arisi g out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the eriod specified by applicable law, but in any case not more than 10 years after the date of Substantial Completio oft Work or such other period provided by applicable law, whichever is less. The Owner and Contractor waiv ai s and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is fi t discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiat by notice to the other party with a copy sent to the Architect. Claims by either party under this Section 1 . H. t 0 1 be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days aft the clain ant first recognizes the condition giving rise to the Claim, whichever is later. AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and 3,7 International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 153 of 403 § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and e Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.5 Claims for Additional Cost If the Contractor believes additional cost is involved for reasons including but not limited to 1 a wri n interpretation from the Architect, (2) an order by the Owner to stop the Work where the Co actor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of pa ent by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Section 15.1. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, no e provided in Section 15.1.3 shall be given. The Contractor's Claim shall include an estimate of cost and pr able effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessa § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Ce documented by data substantiating that weather conditions were abnormal for the period of fime. coul not have been reasonably anticipated, and had an adverse effect on the scheduled construction. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising t or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, incom f t financing, business and reputation, and for loss of management or employee productivit o he services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the c nsation of personnel stationed there, for losses of financing, business and reputation, and for kss f profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to eith arttermination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed top e a sessment of liquidated damages, when applicable, in accordance with the requirements of the Contract u s. § 15.2 Not Used § 15.3 Mediation Lract,! I § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Conexcept those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediationndit' n precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the part' s m ally agree § 15.3.3 Reserved. otherwise, shall be administered by the American Arbitration Association in accordance wit U uction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediat made in writing, delivered to the other party to the Contract, and filed with the person or entity adm' e mediation. The request may be made concurrently with the filing of binding dispute resolution proceed such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall b nding mediation for a period of 60 days from the date of filing, unless stayed for a longer period b t of the parties or court order. AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil 38 and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 154 of 403 § 15.3.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Not Used kcl no AIA Document A201- - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by O.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil 39 and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13: 10:27 on 09/10/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1734562130) Page 155 of 403 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Adopt Ordinances 2026-007 and 2026-008, Amending Title 10 of the Farmington City Code as they relate to the Zoning Ordinance and Adopting a new Zoning District Map Meeting: Regular Council - Sep 21 2026 INTRODUCTION: Since September 2024, the City Council, Planning Commission and City Staff have been involved with preparing ordinance amendments to the City's Zoning Code. DISCUSSION: ZONING CODE AMENDMENTS The amendments to the code were prepared by the City's consultant, HKGi, and are included in the attached ordinance 2026-007. Attached, is a report that HKGi prepared for the Planning Commission public hearing that outlines the work that has been completed to date. It should be noted that an error had been identified in the zoning code ordinance that was included in the Planning Commission's packet. Specifically, table 10-6-3.1 of the amendment identified data centers as a permitted use in the Mixed -Use Commercial Residential (MUCK) zoning district. The intent was never to include data centers, either as a permitted or conditional use, within the MUCR zoning district. The attached zoning code ordinance 2026-007 has been revised to remove data centers as an allowed use within the MUCR zoning district. ZONING MAP AMENDMENT With the amendments to the zoning code, which includes the reorganization and reclassification of a number of zoning districts, the official zoning district map must be amended to reflect the changes to the zoning districts. The zoning map attached to ordinance 2026-008 reflects only those changes needed as part of this zoning code update. Future amendments to the zoning map will be necessary once the 2050 Comprehensive Plan is approved to ensure the zoning map is in compliance with the comprehensive plan. Page 156 of 403 PUBLIC HEARING A public hearing for the ordinance amendments was held by the Planning Commission on September 9, 2026. The Planning Commission took public comment regarding the proposed amendments and recommended approval of the ordinances with a vote of 5-0. ACTION REQUESTED: By separate motion, approve the following ordinances: 1. Ordinance 2026-007, and summary ordinance, amending Title 10 of the Farmington City Code, the Zoning Ordinance. 2. Ordinance 2026-008 amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, adopting a new official zoning district map. ATTACHMENTS: 20260909 PC memo draft 2026-007 Zoning Code Update Ordinance 2026-008 Zonina Mao Ordinance Page 157 of 403 KGi* ►H Planning I Landscape Architecture I Urban Design Planning Commission Meeting Report To: Planning Commission & City Council From: Rita Trapp and Beth Richmond, Consulting Planners Date: September 9, 2026 Subject: Zoning Code Update Public Hearing Project Overview The project to update the City's Zoning Code (Title 10) began in Summer 2025. As the Zoning Code was previously reviewed and updated in 2020, this project was not intended to be a full update. Instead, the update was primarily intended to ensure that the structure of the zoning districts supports the community's vision. In particular this project focused on the following: • Creation of a new zoning district framework for the City's downtown area that can accommodate the land use changes that are contemplated in the 2023 Comprehensive Plan Amendment project and which will likely be implemented in the 2050 Comprehensive Plan update. • Review and consolidation of the City's Overlay Districts. • Reexamination of the code structure to ensure the Code is easy to use. • Technical updates to certain Code sections to clarify provisions and reflect current practices, including o Procedures; o Use -Specific Standards; and o Development Standards. • Amendments to the Zoning Map to reflect the zoning district changes. Zoning Districts The zoning code update is intended to ensure that the structure of the zoning districts supports the community's vision. In particular, changes are proposed to the downtown districts, overlay districts, and the Spruce Street Mixed Use District which will be discussed further below. The table below summarizes the existing zoning districts and shows the proposed changes in red. Existing Zoning Districts Proposed Zoning Districts A-1 Agriculture A-1 Agriculture R-1 Low Density Residential R-1 Low Density Residential R-2 Low/Medium Density Residential R-2 Low/Medium Density Residential R-3 Medium Density Residential R-3 Medium Density Residential R-4 High Density Residential R-4 High Density Residential 800 Washington Avenue North, Suite 207 Minneapolis, MN 55401 Page 158 of 403 Planning Commission Meeting Report Zoning Code Update Public Hearing September 9, 2026 Existing Zoning Districts Proposed Zoning Districts R-D Downtown Residential D-R, D-E Downtown Residential; Downtown Expansion B-1 Highway Business B-1 Highway Business B-2 Downtown Business D-C Downtown Core B-3 General Business B-2 General Business. Abbreviation changed for numbering consistency SSMU Spruce Street Mixed Use Remove and rezone to MUCR MUCR Mixed Use Commercial Residential MUCR Mixed Use Commercial Residential MUCI Mixed Use Commercial Industrial MUCI Mixed Use Commercial Industrial I Industrial I Industrial P/OS Parks/Open Space P/OS Parks/Open Space DC-0 Downtown Commercial Overlay D-0 Maintain and apply to D-C and D-E areas HW3-0 Highway 3 Overlay Remove SS-0 Spruce Street Overlay Remove Downtown Zoning Districts A driving factor for this Zoning Code Update was to create a zoning district framework to accommodate the land use changes in the City's downtown that were contemplated in the 2023-2024 Comprehensive Plan Amendment, which was not adopted, and which will be included in the 2050 Comprehensive Plan Update. At the Planning Commission's and City Council's direction, a new Downtown land use category is intended to support the existing mix of uses in the area, including commercial, office, residential, institutional, and limited manufacturing, and provide more flexibility for property owners in the future uses of their property. The City currently has two base districts and one overlay district which serve the downtown area: R-D Downtown Residential, B-2 Downtown Business, and DC-0 Downtown Commercial Overlay. The following updates are proposed: • Rename the R-D District to Downtown Residential (D-R) and reduce its size • Rename the B-2 District to Downtown Core (D-C) • Create a new Downtown Expansion (D-E) District The new D-E District identifies areas adjacent to the D-C District where future commercial expansion is supported. The existing uses within this district are primarily residential in nature. This district specifies where and how new commercial development may occur so that expansion happens logically and with respect to existing residential uses. Overlay Districts The Hwy 3 Overlay and the Spruce Street Overlay are proposed to be eliminated and their standards integrated into a new chapter within the Code. This chapter would include the 2 Page 159 of 403 Planning Commission Meeting Report Zoning Code Update Public Hearing September 9, 2026 general building design standards for all new multi -unit residential, mixed use, and non- residential development in the City. Standards would differ between commercial and mixed use buildings, industrial buildings, and multi -unit residential buildings and include the following elements: • Building materials • Building fagade design • Transparency • Awnings/canopies • Loading docks • Utilities Zoning Map The Zoning Map is proposed to be amended to reflect the zoning district changes in the Zoning Code. The following parcels are proposed to be rezoned and have been notified of the proposed change: • All parcels that are included in the new D-E District; • All parcels that are included in the new D-C District, including parcels that are currently zoned B-2; • All parcels that are included in the revised B-2 District; and • All parcels that are currently zoned SSMU. These are proposed to be rezoned to the MUCR District. During HKGi's analysis of the existing Zoning Map, several parcels were identified where the current zoning is not consistent with the 2040 Comprehensive Plan's Future Land Use map. These parcels are not proposed to be rezoned at this time. Instead, Staff anticipates rezoning necessary parcels following the update of the 2050 Comprehensive Plan. Technical Updates A number of technical updates are proposed based on staff input and the audit completed by HKGi. Technical updates are proposed to land use procedures, use -specific standards (electric vehicle standards, accessory structure standards), and development standards (industrial screening standards, parking space requirements, and wetland standards). In addition to specific code updates, the code has been reorganized for ease of use. Planning Commission Action Drafts of the updated Zoning Code and updated Zoning Map have been prepared for Planning Commission consideration. The Planning Commission is requested to hold a public hearing on 3 Page 160 of 403 Planning Commission Meeting Report Zoning Code Update Public Hearing September 9, 2026 the draft Code and Map and make a recommendation to the City Council relative to the adoption of these elements. Attachments Draft Zoning Code Draft Zoning Map 4 Page 161 of 403 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE 2026-007 AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE ZONING ORDINANCE The City Council of the City of Farmington ordains: SECTION 1. Title 10 is the zoning ordinance for Farmington, Minnesota. This ordinance replaces the prior zoning ordinance, and all amendments thereto, and establishes a new zoning ordinance which contains the following chapters: Chapter 1 - Introductory Provisions Chapter 2 - Definitions Chapter 3 - General Zoning Provisions Chapter 4 - Residential Zoning Districts Chapter 5 - Downtown Zoning Districts Chapter 6 - Mixed Use Zoning Districts Chapter 7 - Non -Residential Zoning Districts Chapter 8 - Special/Overlay Zoning Districts Chapter 9 - Use -Specific Standards Chapterl0 - Development Standards Chapter 1 1 - Signage Chapter 12 - Procedures and Enforcement The new zoning ordinance is attached hereto as Exhibit "A". SECTION 2. SUMMARY PUBLICATION CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY PUBLICATION ORDINANCE 2026-007 AN ORDINANCE AMENDING TITLE 10, CHAPTERS 1-12, OF THE FARMINGTON CITY CODE, THE ZONING ORDINANCE AS IT RELATES TO ZONING CODE STRUCTURE During their September 21, 2026 regular meeting, the City Council of the City of Farmington adopted Ordinance 2026-007. Pursuant to Minnesota Statues Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available for inspection and Page 162 of 403 Ordinance 2026-007 Page 2 of 2 without cost by any person at the office of the City Clerk, the summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. This ordinance includes the following related to Title 10, Chapters 1-12 of the Zoning Ordinance. • Ensure structure of zoning districts support community vision. • Reexamine the code structure for ease of use. • Analyze uses to modernize, simplify and synch them across districts. • Update procedures to reflect current practices. • Assess code to ensure compliance with State & Federal regulations. EFFECTIVE DATE: This ordinance shall be effective upon its passage and publication according to law. Passed by City Council of the City of Farmington, Minnesota, this 21 St day of September, 2026. SECTION 3. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication according to law. Passed by the City Council of the City of Farmington, Minnesota, this 21 sf day of September 2026. ATTEST: Nicholas Lien, Mayor Melissa Geis, City Clerk Page 163 of 403 Exhibit "A" TITLE 10 ZONING CHAPTER 1: INTRODUCTORY PROVISIONS 10-1-1: SHORT TITLE (A) This title shall be known, cited and referred to as the FARMINGTON ZONING ORDINANCE, except as referred to herein, where it shall be known as this Title. 10-1-2: INTENT (A) Protect and promote the public health, safety, and general welfare of the community. (B) Classify properties into zones and districts reflecting their suitability for particular uses as outlined generally in the Comprehensive Plan. (C) Provide for sequential planned development that will allow the efficient and orderly expansion of utility systems without premature urbanization of existing undeveloped land. (D) Regulate the location, construction, reconstruction, alteration, and use of buildings, structures, and land. (E) Protect against fire, explosion, noxious fumes, offensive noise, vibration, dust, odor, heat, glare, and other pollution and hazards in the interest of the public health, comfort, and general welfare. (F) Conserve natural resources and maintain high standards of environmental quality. (G) Preserve and protect the capacity of floodplains and natural ponding areas to carry, hold, and discharge excess surface water. (H) Ensure adequate light, air, privacy, and convenience of access to property. (1) Provide for the administration of this Title and define the powers and duties of the various administrative officers and bodies. (J) Provide for the enforcement of this Title and prescribe penalties for the violation of its provisions or any future amendments. 10-1-3: EFFECTIVE DATE (A) This Title shall be in full force and effect from its passage and publication according to law. Farmington Zoning Code Introductory Provisions Page 164 of 403 10-1-4: SUPREMACY (A) The provisions of this Title are the minimum requirements for promoting and protecting the public health, safety, and general welfare. When this Title imposes greater restrictions than those proposed by other statute, ordinance, or regulation, the provisions of this Title shall control. 10-1-5: COMPLIANCE (A) No structure shall be located, erected, constructed, reconstructed, moved, converted, or enlarged; nor shall any structure or land be used or be designed to be used, except in full compliance with all provisions of this Title and after the lawful issuance of all required permits and certificates. 10-1-6: VALIDITY (A) If any section, subsection, sentence, clause, or phrase of this Title is for any reason found to be invalid, such decision shall not affect the validity of the remaining portions of this Title. 10-1-7: REPEALER (A) Upon the effective date hereof, all previous provisions and sections contained in this Title and adopted prior to the effective date hereof are hereby repealed. 10-1-8: ADMINISTRATION (A) Zoning Officer 1. The Planning Manager, designated by the City Administrator as the Zoning Officer shall: 2. Administer and enforce the provisions of this Title. 3. Upon application, establish, and advertise public hearings. 4. Maintain a permanent file of all applications as public record. 5. Maintain an updated zoning map. (B) Board of Adjustment 1. The Planning Commission shall act as the Zoning Board of Adjustment with identical composition, membership, officers, and terms of office, with the following duties: (a) Hear, review, and authorize variances from the requirements of this Title and to attach such conditions to the variance as it deems necessary to assure compliance with the purpose of this Title. Farmington Zoning Code 2 Introductory Provisions Page 165 of 403 (b) Hear and review all applications for conditional use permits provided for within this Title and grant approval based upon the criteria and provisions listed. (c) Hear and review all applications to change lawful nonconforming uses. (d) Submit copies of applications for variances and special exceptions within the floodplain districts to the Commissioner of Natural Resources 10 days prior to public hearings and forward copies of all decisions granting variances and special exceptions in these areas to the Commissioner of Natural Resources within 10 days of such action. (C) Heritage Preservation Commission 1. This Zoning Ordinance adopts by reference, the provisions of Title 2, Chapter 11 Heritage Preservation Commission of this Code as they may relate to this Title. Farmington Zoning Code 3 Introductory Provisions Page 166 of 403 TITLE 10 ZONING CHAPTER 2: DEFINITIONS 10-2-1: RULES (A) Terms not defined in this Chapter shall have the meanings customarily assigned to them as a matter of usage. The defined words which follow shall be interpreted accordingly. 10-2-2: ZONING DEFINITIONS APIARY: The assembly of one or more colonies of honey bees on a single lot. APAIRY LOT: The lot upon which an apiary is located. AVERAGE BUFFER WIDTH: The average width of a buffer area within a single development lot or phase. AWNING: A canopy, hood, cover, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area intended for protection from the weather or as a decorative embellishment. BASEMENT: Any area of a structure, including crawl spaces, having its floor below ground level on all four sides, regardless of the depth of excavation below ground level. BEEKEEPER: A person who either owns one more colony of honey bees and/or owns the property on which a honey bee colony is located. BEEKEEPING EQUIPMENT: Anything used in the operation of an apiary, including but not limited to hive bodies, brood boxes, supers, hive frames, top and bottom boards, platforms, beekeeping tools or supplies, and extractors. BOARD OF ADJUSTMENT: The Board of Adjustment established by this Title. Also known as the "Board." BOULEVARD TREE ROUTE: City -designated route that includes major collector streets on the City's Thoroughfare Plan that are allowed to be planted with boulevard trees within the right-of-way. BUFFER AREA: An undisturbed or reestablished vegetated area adjacent to a wetland that is an integral part of protecting the wetland ecosystem through filtering pollutants and providing adjacent habitat. BUILDABLE AREA: The space remaining on a lot after the minimum setback and open space requirements of this Title have been met. BUILDING: Any structure intended for the shelter, support, or enclosure of persons, animals, or property of any kind. Farmington Zoning Code Definitions Page 167 of 403 BUILDING HEIGHT: The maximum possible distance measured adjacent to the building foundation at right angles from the natural undisturbed ground slope and natural grade to the highest possible point of a structure. BUILDING LINE: A line parallel to a property line or the ordinary high water level at the required setback, beyond which a structure may not extend toward the water. CANOPY: A permanent rooflike structure or cover which projects from the wall of a building, or projects over any entrance of a walkway. A marquee is not a canopy. CERTIFICATE OF OCCUPANCY: A certificate issued by the building inspector for any structure built or change of use within any structure before it is occupied. CITY BOULEVARD: Area between property lines on either side of all streets, avenues, or ways within the City. GROUPINGS/CLUSTERS (PLANTINGS): A grouping of three or more plants installed in close proximity to one another. COLONY: An aggregate of honey bees, consisting generally of one queen bee, worker bees, drone bees, or any combination thereof, and at times including brood, comb, pollen and honey. COMMERCIAL VEHICLE: Any vehicle used for commercial purposes including, but not limited to: trailers, motorized wheeled, or tracked vehicles or vehicles displaying company signage, company logos, commercial equipment, fixtures, or tools. 1. Class I: Vehicles with a gross vehicle weight rating (GVWR) of more than 18,000 pounds, or any of the following types of vehicles regardless of weight, including, but not limited to: semitrailers, the tractor portion of semitrucks, garbage trucks, tank trucks, dump trucks, flatbed trucks, tow trucks, cattle trucks, coach buses, or school buses designed to carry more than 20 persons or any similar vehicle. 2. Class II: All vehicles other than Class I commercial vehicles including pickup trucks, vans, trailers, and school buses designed to carry 20 persons or less. COMMISSIONER: The Commissioner of the Department of Natural Resources. CONDITIONAL USE PERMIT: A permit issued by the Planning Commission in accordance with procedures specified in this Title as a flexibility device to enable the Commission to assign dimensions to a proposed use or the conditions surrounding it after consideration of adjacent areas and their functions and the special problems which the proposed use presents. Farmington Zoning Code 2 Definitions Page 168 of 403 CONDOMINIUM: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises and other features, attached or functionally related to a principal use or site and at any point extending more than three feet aboveground. EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. DENSITY, NET: The number of dwelling units per acre excluding arterial road rights of way, wetlands, water features and other publicly dedicated improvements such as parks and/or stormwater ponds. DISTRICT: A specific zoning district as defined in this Title. DRAINAGEWAY: Any natural, altered or artificial watercourse which has definable beds and banks capable of conducting confined runoff from adjacent lands. Watercourse beds not clearly defined shall be delineated to include that area which would be inundated by runoff resulting from a 24- hour rainfall having a recurrence interval of once in five years. 1. An altered watercourse is that which has been affected by manmade changes in straightening, deepening, narrowing, or widening the original channel. 2. An artificial watercourse is that which has been artificially constructed by man where there was no previous natural watercourse. The limits of the watercourse bed are confined to that area, which would be inundated by runoff resulting from a 24-hour rainfall having a recurrence interval of once in five years. DWELLING SITE: A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. ELECTRIC VEHICLE -related definitions 1. ACCESSIBLE ELECTRIC VEHICLE CHARGING STATION: An electric vehicle charging station where the battery charging station is located within accessible reach of a barrier -free access aisle and the electric vehicle. 2. BATTERY ELECTRIC VEHICLE: Any vehicle that operates exclusively on electrical energy from an off -board source that is stored in the vehicle's batteries and produces zero tailpipe emissions or pollution when stationary or operating. Farmington Zoning Code 3 Definitions Page 169 of 403 3. CHARGING LEVELS: The standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms 1, 2, and DC are the most common charging levels, and include the following specifications: (a) Level 1 is considered slow charging with 120v outlets. (b) Level 2 is considered medium charging with 240v outlets, charging head and cord hard -wired to the circuit. (c) DC is considered fast or rapid charging. Voltage is greater than 240. 4. ELECTRIC VEHICLE: A vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off -grid source, that is stored on board for motive purposes. "Electric vehicle" includes: (a) Battery electric vehicle. (b) Plug-in hybrid electric vehicle. 5. ELECTRIC VEHICLE CHARGING STATIONS (EVCS): A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. 6. ELECTRIC VEHICLE PARKING SPACE: Any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. FACADE: That portion of any exterior elevation on the building extending from grade to the top of the parapet, wall, or eaves and the entire width of the building elevation. FAMILY: One or more persons related by blood, marriage, adoption, or foster parent relationships occupying a dwelling and living as a single housekeeping unit, or a group of not more than four persons not so related, maintaining a common household and using common cooking facilities. Family does not include any society, fraternity, sorority, club, association, or other like organization. FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in inundation of normally dry areas. FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. FLOOD FRINGE: That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the "Flood Insurance Study for Dakota County, Minnesota, and Incorporated Areas". Farmington Zoning Code 4 Definitions Page 170 of 403 FLOODPLAIN: The channel or beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by a regional flood. Floodplain areas within Farmington shall encompass all areas designated as zone AE and zone A on the flood insurance rate map. FLOODPROOFING: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. FLOOR AREA: The sum of the gross horizontal areas of all floors of a building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls. GARAGE, ATTACHED: An accessory structure of a principal structure which is intended for and used to store the private passenger vehicles and trucks not exceeding 12,000 pounds gross weight, of the family or families resident upon the premises, and in which no business service or industry is carried on. Access to a garage requires a paved driveway. GARAGE, DETACHED: An accessory structure that is detached from the principal building with the ability to park a vehicle within the structure and that requires a garage door. GROUND COVER: Low growing plants or turf grass installed to form a continuous cover over the ground surface. HIVE: The receptable intended for the habitation of a colony, which may be a "top bar'' hive or a traditional multistoried eight to 10 frame hive that has one or more brood boxes, plus any honey supers as may be added. HOMEOWNERS' ASSOCIATION: An organization consisting exclusively of all unit owners which possesses certain powers and authority over common elements in planned unit developments, condominiums, townhomes, or other property. HONEY BEE: All life stages of the common domestic honey bees, apis mellifera species. IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime rock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures. INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a contiguous patch, strip, row or block. Farmington Zoning Code 5 Definitions Page 171 of 403 LANDSCAPE MATERIAL: Such living material as trees, shrubs, ground cover/vines, turf grasses (sod), and nonliving material such as: rocks, pebbles, sand, bark, mulch, brick pavers and earthen mounds; and/or other items of a decorative or embellishment nature such as: fountains, pools, walls, fencing, sculpture, etc. LANDSCAPED OPEN SPACE: All land within the property lines not covered by structures or sidewalks, drives, patios, pavement, or similar surfaces. LANDSCAPING: Bringing the soil surface to a smooth finished grade, or designing the soil surface with berms, installing sufficient trees, shrubs, ground cover, grass, and other landscape materials to soften building lines, provide shade, promote positive environmental effects, and generally produce a pleasing visual effect on the premises. LANDSCAPING, PARKING LOT: Any landscape material located within a paved parking area planted with live plant material, such as trees, shrubs, ground cover, or turf grass. LOADING BERTH: An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials, and merchandise. LOT: A parcel of land occupied or capable of being occupied by one or more structures, having principal frontage on a public street, and intended as a unit for transfer of ownership. LOT, CORNER: A lot situated at the junction of and abutting on two or more intersecting streets. LOT, DOUBLE FRONTAGE (THROUGH): A lot with opposite lot lines on two non -intersecting streets. LOT, FLAG: A lot with access provided to the bulk of the lot by means of a narrow corridor which does not meet the minimum lot width requirements at the minimum setback distance from the public street. LOT, INTERIOR: A lot having frontage on one street. LOT OF RECORD: Any lot which individually or as a part of a subdivision has been recorded in the Office of the Register of Deeds of the County. LOT AREA: The area of a lot in the horizontal plane bounded by the property lines but not including any area occupied by the waters of a lake or river or area which has been dedicated or intended as an easement for a public thoroughfare or road. LOT AREA, MINIMUM: The measurements of a lot computed exclusive of any portions of the right-of-way of any public thoroughfare. LOT COVERAGE: The portion of a lot that is occupied by buildings or structures, expressed as a percentage of the total lot area. Farmington Zoning Code 6 Definitions Page 172 of 403 LOT DEPTH: A mean horizontal distance between the front and rear property lines. LOT FRONTAGE: The portion of a property that abuts a public or private street. LOT WIDTH: The distance measured between property lines parallel to the front property line at the minimum required front yard setback. LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). NATIVE GRASSES: Those species of perennial grasses other than those designated as noxious weeds by the Minnesota Department of Natural Resources. NOXIOUS MATTER OR MATERIAL: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic wellbeing of individuals. NUCLEUS HIVE: A hive receptacle or hive body that is nine and five -eighths (9 5/8 ) inches deep, and holds three to five frames and a small quantity of honey bees, which may include a queen, for particular beekeeping purposes, such as starting a new colony, introducing of a new queen to an existing colony, or rearing a new queen. OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water. The term may also refer to vegetation or other matter crossing or expected to cross the path of overhead utility wires. ORDINARY HIGH WATER LEVEL: The boundary of public waters and wetlands; an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. ORDINARY HIGH WATER LEVEL SETBACK: The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road highway, property line, or other facility. OVERLAY ZONING DISTRICT: A mechanism which provides standards and guidelines for architectural, aesthetic, and development controls within a Farmington Zoning Code 7 Definitions Page 173 of 403 designated zoning district which are more restrictive than those required by code within that district. PARKING LOT: An off street, at grade, uncovered area, utilized for the temporary storage of motor vehicles. PERFORMANCE STANDARDS: Criteria established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. PLANNED UNIT DEVELOPMENT: A tract of land which contains one or more principal and accessory uses developed under unified ownership or control, the development of which may be unique and of a substantially different character than that of the surrounding district. PLANNED USE DEVELOPMENT, RESIDENTIAL: A use where the nature of residency is nontransient and the major or primary focus of the development is not service oriented. For example, residential apartments, manufactured home parks, timeshare condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five dwelling units or sites. PLANT COMMUNITY: In reference to plants, an interacting assemblage of plant populations sharing a given habitat. PROPERTY LINE: A property boundary line of any lot held in single or separate ownership, except that, where a portion of the lot extends into the abutting street or alley, the property line shall be deemed to be the street or alley. PROPERTY LINE, FRONT: That boundary of a lot which is along an existing or dedicated street. In the case of a corner lot, the front property line shall be the shortest dimension along a public street or as designated by the Zoning Officer based on the practical front yard of the property as determined by such factors as the existing or proposed building configuration of the property and taking into consideration the characteristics of surrounding properties. PROPERTY LINE, REAR: That boundary of a lot which is the most distant from and is or is approximately parallel to the front property line. If the rear property line is less than 10 feet in length or if the lot forms a point at the rear, the rear property line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front property line. PROPERTY LINE, SIDE: Any boundary of a lot which is not a front or rear property line. PUBLIC UTILITY SERVICE: The providing of electric power, gas, landline telephone service, sanitary sewer and water, plus storm sewers, where appropriate, to the general public. Farmington Zoning Code 8 Definitions Page 174 of 403 PUBLIC WATERS: Any waters as defined in MN Statute 103G.005, subdivision 15. REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. The segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. RECREATIONAL VEHICLE: Any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle built on a single chassis and 400 square feet or less when measured at the largest horizontal projection which is used for recreational purposes, including, but not limited to, recreational camping vehicles as defined by MN Statute 327.14 subdivision 7, boats, and off highway vehicles such as snowmobiles, trail bikes, motorcycles, and other all -terrain vehicles. RECYCLABLE MATERIALS: Materials that are separated from mixed municipal solid waste for the purpose of recycling as defined in the city's solid waste code, including, but not limited to, paper, glass, metals, automobile oil, batteries, cardboard, rubber (excluding tires and wood products). REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and characteristic of what can be expected to occur on an average frequency in the magnitude of the 100- year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study. REGULATORY FLOOD PROTECTION ELEVATION: An elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from the designation of a floodway. Increases to the regional flood elevation (also referred to as the 1 % annual chance flood elevation) caused by encroachments on the floodplain that result from the designation of a floodway shall be determined in one of the following ways: l . For zone AE areas, by using the appropriate value in the "increase (feet)" column for the 1 %-annual-chance flood water surface elevation" from the respective data table in the document titled "Flood Insurance Study, Dakota County, Minnesota and Incorporated Areas" as adopted by reference in Section 10-8-2(D)1 of this Title; or 2. For zone A areas, in accordance with the procedures spelled out in Section 10-8-2(F)3 of this Title. ROOFLINE: That line at which an exterior wall surface of a building structure departs from a vertical frame. SCREENING: A method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, tree rows, berms, or other features. Farmington Zoning Code 9 Definitions Page 175 of 403 SEAT: When referred to in order to determine the number of parking spaces required for a use such as place of worship, theater, or stadium, a seat shall equal 22 inches. SETBACK: The minimum required distance between a structure and the property line, ordinary high water level, delineated wetland, paved street, back of curb, pedestrian way, or right-of-way easement. SEWAGE TREATMENT SYSTEM: A septic tank and soil absorption system or other individual or cluster type sewage treatment. SEWER SYSTEM: Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. SHED: An accessory structure customarily incidental and subordinate to the principal structure and used primarily for storage purposes. SHORE IMPACT ZONE: Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback. SHORELAND: Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designed by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. SHRUBS: Any self-supporting, woody plant of a species that normally grows to an overall height of less than 15 feet in this region. SIGN: A name, identification, description, display, illustration, structure, or device which is affixed to, painted, or represented directly or indirectly upon a building or other outdoor surface or a piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. A sign shall be considered as a structure or part of a structure for the purpose of applying yard and height regulations. AWNING SIGN: A sign printed on or in some fashion attached directly to an awning. BANNER: Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges and intended to be displayed for a limited period of time. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. This definition includes feather signs. Farmington Zoning Code 10 Definitions Page 176 of 403 BILLBOARD: A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. FLAG: Any fabric or bunting containing distinctive colors, patterns, or symbols which is attached at one end of the material to a staff or pole, so as to allow movement of the material by atmospheric changes. MARQUEE: A rooflike structure projecting from and attached to a building. SIGN, MARQUEE: Any sign attached to, in any manner, or made a part of a marquee (i.e., theater marquees). SIGN, A -FRAME: A portable two-sided sign, often commonly referred to as a sandwich board sign. SIGN, ANIMATED: Any sign that uses movement or change of lighting to depict action or create a special effect or scene. SIGN, BENCH: A sign attached to or painted on a bench for seating. SIGN, DIRECTIONAL: A noncommercial sign for the purpose of guiding vehicular and pedestrian traffic in a safe and convenient manner. SIGN, FEATHER: A fabric banner which is attached to a single vertical pole placed on the ground. SIGN, FLASHING: An illuminated sign on which the artificial light is not maintained constant in intensity and color at all times in which such sign is in use or any sign which, by mechanical means, appears to simulate a flashing sign. SIGN, ILLUMINATED: Any sign which has characters, letters, designs, or outlines illuminated by artificial light directly to or from the interior of the sign. SIGN, INTEGRAL: A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets, and the like when carved into stone or made of bronze, or other permanent type of material and made an integral part of the structure. SIGN, LED MESSAGE: A sign that displays information in a stationary or moving format by passing electricity through light emitting diodes. SIGN MONUMENT: A sign which is attached to or supported by a monument structure which is freestanding on the ground, extending horizontally for a minimum of 80% of the entire length of the sign face. The sign shall be constructed of any one or combination of the following materials: brick, stone, decorative masonry, plastic, aluminum, colored metals, or decay resistive wood. SIGN, MUNICIPAL ENTRANCE: A sign placed at the border of the city boundary along a roadway. Farmington Zoning Code 11 Definitions Page 177 of 403 SIGN, NONCONFORMING: Any sign which was lawfully erected and maintained prior to the adoption of this code which fails to conform to all applicable regulations and restrictions of this code. SIGN, OBSOLETE: Any sign which advertises an activity, business, product, or service that has not been produced or conducted on the premises for more than 30 days. SIGN, OFF PREMISES: A sign located upon property other than that of the development or use for which the sign is intended. SIGN, ON PREMISES: A sign located upon the same property as the development or use for which the sign is intended. SIGN, PAINTED WALL: A sign which has been painted directly onto a building wall, using the wall material as a base of the sign. SIGN, PERMANENT: A sign which is permanently affixed to the land or a structure. SIGN, PORTABLE: A sign not attached to the ground and designed so as to be movable from one location to another. SIGN, PROJECTING: A sign displayed perpendicular to the surface of a building. SIGN, PYLON: Any stationary, self-supporting sign not affixed to any other structure and supported by a pole(s). SIGN, ROOF. A sign erected upon or above a roof or parapet of a building. SIGN, SNIPE: Any sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on public property. SIGN, TEMPORARY: A sign designed to be displayed for a limited period of time that is not permanently fixed to the land or a structure. SIGN, WALL: A sign affixed directly to the exterior wall or screening surface and confined within the limits thereof and which projects from that surface less than 15 inches at all points. SIGN, WINDOW: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. SIGN AREA: That area measured within the perimeter lines of the sign which bears the advertisement; or in the case of messages, figures, or symbols, including those attached directly to any part of a building. The sign area encompasses the extreme limits of the written message, representation, emblem, or other display used to convey the message of the sign, together with any material or color forming an integral part of the background of the Farmington Zoning Code 12 Definitions Page 178 of 403 display or used to differentiate the sign from the backdrop or structure against which it is placed. The area of the sign face with more than one sign face shall be computed by adding together the area of all sign faces readable from any one point. When two identical sign faces are readable from any one point, both shall be computed. When two identical sign faces are placed back-to-back, the sign area shall be computed by the measurement of one of the faces provided that both faces are not readable from any one point and the angle at which the two sign faces are placed does not exceed 45 degrees. SIGN HEIGHT: The height of a sign shall be measured from the base of the sign at the adjacent curb elevation to the top of the highest attached component of the sign. SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of MN Statute 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. SPECIAL RECYCLING ACTIVITY: Recycling activity associated with nonprofit community organization events or fundraisers which have obtained a special recycling activity permit pursuant to Section 7-1-3 of this code. Each nonprofit organization shall be limited to four 72-hour events per year. STEEP SLOPE: Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having an average slope over 12%, as measured over horizontal distances of 50 feet or more that are not bluffs. STORABLE SWIMMING POOL: A pool with nonmetallic, molded polymeric walls or inflatable fabric walls constructed on or above the ground and is so constructed that it may be readily disassembled for storage and reassembled to its original integrity. STORMWATER POND: A constructed basin for capturing and storing stormwater runoff to prevent or mitigate downstream water impacts. STRAIGHT TRUCKS: A vehicle used to carry large or heavy loads that is nonjointed and is not a semitractor trailer truck. Farmington Zoning Code 13 Definitions Page 179 of 403 STREET: For purposes of this Title, any reference to street herein shall mean any street or roadway, public or private, but not to include private driveways. STREET, PRIVATE: Any road or street that is not publicly owned and maintained and used for access by the occupants of the development, their guests, and the general public. STREET, PUBLIC: A public roadway, constructed within the boundaries of an officially deeded and accepted public right of way, which affords access to abutting property. STRUCTURE: Anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including, but not limited to, buildings, billboards, carports, porches, signs, retaining walls, decks and other building features, but not including sidewalks, drives, fences, and patios. STRUCTURE, ACCESSORY: A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure including, but not limited to, an attached or detached garage, storage shed, or gazebo. STRUCTURE, NONCONFORMING: Any structure permitted by existing city ordinance prior to the adoption of provisions prohibiting such use in such location. STRUCTURE, PRINCIPAL: The main structure for that use to which the premises is devoted and principal purpose for which the premises exists. SUBDIVISION: Land that is divided for the purpose of sale, rent, or lease, including planned unit developments. SUBSTANTIAL IMPROVEMENT: Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction'' of the improvement. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: l . Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." SWARMING: The process where a queen bee leaves a colony with a large group of worker bees. Farmington Zoning Code 14 Definitions Page 180 of 403 TOE OF THE BLUFF: The lower point of a 50-foot segment with an average slope exceeding 18%. TOP OF THE BLUFF: The higher point of a 50-foot segment with an average slope exceeding 18%. TURF: A species of perennial grass grown as permanent lawns or for landscape purposes as distinguished from those species grown for agricultural or commercial seed purposes. UTILITY TRAILER: A trailer, enclosed or unenclosed, used to transport personal property, materials, or equipment. VARIANCE: l . A waiving by the Board of Adjustment of literal provisions of this Title. 2. A modification of a specific permitted development standard required in this title to allow an alternative development standard not stated as acceptable, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance. VEGETATIVE BUFFER: A natural or established area of plants, trees, and shrubs that borders bodies of water to provide a barrier against pollutants and erosion. VEGETATION, NATIVE: The presettlement group of plant species native to the local region, that were not introduced as a result of European settlement or subsequent human introduction. YARD: The open space on a lot which is unoccupied or unobstructed by a structure from its lowest level to the sky. YARD, FRONT: A yard extending along the full width of the front property line and lying between the front property line and the principal building. For lots that abut more than one street such as corner and through lots, there may be more than one front yard for purposes of calculating setbacks. YARD, REAR: A yard extending along the full width of the lot and lying between the rear property line and the rear line of the principal building. YARD, SIDE: The yard extending along the side property line between the front yard and the rear yard to the nearest line of the principal building. ZONING DISTRICT: An area or areas within the limits of the City of Farmington for which the regulations and requirements governing use, lot size, buildable area and density are uniform. ZONING OFFICER: The person designated by the City Administrator to administer the Zoning Code for the City of Farmington. Farmington Zoning Code 15 Definitions Page 181 of 403 10-2-3: WOODLAND AND TREE PRESERVATION DEFINITIONS TREE: Any self-supporting, woody plant of a species which normally grows to an overall minimum height of 15 feet in this region. TREE, BOULEVARD: Trees on land lying between the edge of curb and the property line within the city or located in new developments on city approved boulevard tree routes. TREE, CANOPY: Those species of deciduous trees with leaves that typically drop in the fall, that reach a height of 30 feet to 70 feet or taller at maturity and which are usually grown with lower limbs removed to preserve visibility. TREE, COMMON: Includes ash, aspen, box elder, cottonwood, elm, hackberry, locust, poplar, silver maple, willow, and any other tree species not defined as a "hardwood deciduous tree" or a "coniferous/evergreen tree." TREE, CONIFEROUS/EVERGREEN: A woody plant, which, at maturity, is at least 12 feet or more in height and has foliage on the outermost portion of the branches year round. Tamaracks (larch) are included as a coniferous tree species, as are pine, spruce, juniper, yew, and fir. TREE, HARDWOOD DECIDUOUS: A woody plant which, at maturity, is at least 15 feet or more in height, has a defined crown, and sheds leaves annually, including birch, basswood, black cherry, catalpa, hickory, ironwood, hard maples, oak, and walnut. TREE, LOT FRONTAGE: Trees installed on private property in the front yards of new developments by the developer per the development contract. TREE, ORNAMENTAL: Low growing trees including those species of trees that reach a height between 15 to 30 feet. Ornamental trees shall be of North American or North American Hybrid species. TREE, SIGNIFICANT: A healthy tree measuring a minimum of six inches in diameter for hardwood deciduous trees, eight inches in diameter for coniferous/evergreen trees, or 12 inches in diameter for common trees, as defined in this section. TREE, SPECIMEN: A healthy hardwood deciduous tree measuring equal to or greater than 30 inches in diameter. CONSTRUCTION ACTIVITY: A disturbance to the land that results in a change in the topography, existing soil cover (both vegetated and nonvegetated), or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling, excavating, building construction and landscaping. Farmington Zoning Code 16 Definitions Page 182 of 403 CONSTRUCTION DAMAGE: Any action such as filling, scraping, trenching or compacting the soil around trees or wounding trees in such a manner that it may result in the eventual death of the tree. CRITICAL ROOT ZONE: An imaginary circle surrounding the tree trunk with a radius distance of one foot per one inch of tree diameter, e.g., a 20 inch diameter tree has a critical root zone with a radius of 20 feet. DIAMETER: The diameter of the main stem of the tree at a point four and one- half feet (4.5') above the ground. DRIP LINE: The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or the branches of the tree. INVASIVE TREE SPECIES: A tree species that is nonnative to the ecosystem and whose introduction causes economic or environmental harm. Invasive tree species include, but are not limited to, common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula), tartarian honeysuckle (Lonicera tatarica), amur maple (Acer ginnala), and Siberian elm (Ulmus pumila). LANDSCAPING: Plantings such as trees, grass and shrubs. NUISANCE TREE: (1) Any living or standing tree or part thereof infected to any degree with a shade tree disease or shade tree pest. (2) Any logs, stumps, branches, firewood, or other part of dead or dying tree(s) infected with a shade tree disease or shade tree pest unless properly treated under the direction of the city forester -tree inspector. (3) Any standing dead trees or limbs which may threaten human health or property. SHADE TREE DISEASE: Includes Dutch elm disease (Ophiostoma ulmi), oak wilt (Ceratocystis fagacearum), or any other tree disease of epidemic nature. SHADE TREE PEST: Includes emerald ash borer (Agrilus planipenis), European elm bark beetle (Scolytus multistrialus), native elm bark beetle (Hylurgopinus rufipes) or any other shade tree pest with potential to cause widespread damage. SIGNIFICANT WOODLAND: A treed area of at least 15,000 square feet or more which includes significant trees. WOODLAND PRESERVATION PLAN: A plan prepared by a certified forester or landscape architect that clearly shows which trees on a site are to be preserved, and what measures will be taken to preserve them. The plan will also include calculations to determine the number of replacement trees required. Farmington Zoning Code 17 Definitions Page 183 of 403 10-2-4: USE DEFINITIONS ACCESSORY APARTMENT: A dwelling unit which is subordinate to a permitted principal one -unit residence in terms of size, location, and appearance and located on the same lot therewith. AGRICULTURE; AGRICULTURAL: The production of livestock, dairy animals, dairy products, poultry or poultry products, furbearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, or bees and apiary products. AGRICULTURE SERVICES: A use primarily engaged in the repair or rental of farm tools and implements, feed, grain, tack, animal care products, and farm supplies. This definition excludes the sale of large implements such as tractors and combines, but includes farm machinery repair services that are accessory to the principal use. ANIMAL CLINIC: An establishment where animals are treated and/or hospitalized by veterinarians. An establishment for the care, observation, and treatment of small animals, including household pets. ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and omnidirectional antennas, such as whip antennas. AUCTION HOUSE: A place of business that conducts auctions on site. AUTO REPAIR, MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including bodywork, framework, welding, and major painting service. AUTO REPAIR, MINOR: The replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body or fender work, minor painting and upholstering service; window tinting and service; or minor automotive service including changing oil and transmission fluid. AUTO SALES: The use of any building or land area for the display and sale of new or used automobiles, trucks, vans, or recreational vehicles including any major or minor automobile repair or service uses conducted as an accessory use. BED AND BREAKFAST: A structure used as a lodging establishment where a guestroom or guestrooms are rented on a nightly basis and in which only breakfast is included as part of the basic compensation. BED AND BREAKFAST UNIT: A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. Farmington Zoning Code 18 Definitions Page 184 of 403 BREWERY: A facility that produces beer, ale, or other beverages made from malt by fermentation and containing not less than one- half of one percent alcohol by volume. BREWERY, SMALL: A brewery that produces not more than 20,000 barrels of malt liquor in a calendar year as regulated by Minnesota Statutes. BREWPUB: A small brewery with a restaurant use operated on the same premises as the brewery. BUS TERMINAL: Any structure or land devoted principally to the servicing, fueling, repair, storage, or leasing of passenger buses. CANNABIS CULTIVATION: A use involving the licensed growing and harvesting of cannabis. CANNABIS OR HEMP MANUFACTURING: An establishment or use of land which involves the compounding, processing, packaging, wholesaling, testing, treatment, transportation, or delivery of cannabis or hemp products. CANNABIS RETAIL: A licensed establishment where cannabis flowers, immature cannabis plants and seedlings, and related products as allowed by law are sold to individual consumers who are at least 21 years of age. CAR WASH: Any building or portion thereof used for the cleaning or washing of motor vehicles. CEMETERY: A parcel or tract of land used for the burial of the dead including columbaria, crematoriums, mausoleums, and mortuaries when operated within the boundaries of such cemetery. CHILD DAYCARE CENTER, COMMERCIAL: A facility other than a private residence, receiving one or more minor children for regular shelter, care, activity, and supervision where the parents or guardians are not immediately available to the child. CLINIC: Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. A facility providing dental, medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, training, administration, and services. CLUB: Any establishment operated for social, recreational, or educational purposes but open only to members and guests and not to the general public. COCKTAIL ROOM: An area for the on -sale consumption of distilled spirits on the premises of or abutting a microdistillery and in common ownership to the producer, which may include sales of beverages produced and packaged at the microdistillery for off premises consumption as may be allowed by Minnesota statutes, as may be amended. Farmington Zoning Code 19 Definitions Page 185 of 403 COFFEE SHOP: A small restaurant and/or cafe where assorted drinks and food items are sold to the general retail public. COMMERCIAL RECREATIONAL USES: The provision of entertainment, games of skill or lessons to the general public for a fee, including, but not limited to, dance and karate studios, golf driving range, archery, and miniature golf. COMMERCIAL RECREATION, INDOOR: A commercial recreational use available to the general public that is completely contained within a building. COMMERCIAL RECREATION, OUTDOOR: A commercial recreational use available to the general public that is outside a building. COMMERCIAL SERVICES: Retail establishments that primarily render services rather than goods. Such services may include, but not be limited to, copy shops, printing services, package and postal service, photo processing, janitorial services, and similar services. COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), pager, and similar services that are marketed to the general public. COMMUNITY SOLAR GARDEN: A solar electric array with multiple subscribers connected to the utility grid and where subscribers may purchase a portion of the power produced by the array and receive a credit on their electric bill. Utility customers within the community solar garden service area can consist of, but not be limited to, residences, businesses, local units of government, nonprofits, and faith -based organizations. CONVENIENCE STORE, WITH GAS: A small retail establishment that sells groceries, household items and gasoline intended for the convenience of the neighborhood, but does not include automotive service stations or vehicle repair. DATA CENTER: A centralized repository, either physical or virtual, for the storage, management, and dissemination of data and information pertaining to a business or businesses. DAYCARE FACILITY, IN HOME: A single-family dwelling in which a permanent occupant of the dwelling provides for the care of children or adults. Those receiving care are not all related to the occupant or to each other and are not the legal wards or foster children of the attendant adult. For the purpose of this title, such activities shall meet all requirements of home occupations. The home must meet all state standards for registration and inspections and not exceed state limits for number of clients. Farmington Zoning Code 20 Definitions Page 186 of 403 DISTILLERY: A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof for nonindustrial use. DWELLING: A building or portion thereof designed or used exclusively for residential occupancy as dwelling units, not including hotels, motels, boarding or lodging houses. DWELLING, APARTMENT: A building or group of buildings on one lot containing five or more separate dwelling units, having separate or joint entrances, and including apartments and condominiums. DWELLING, APARTMENT/COMMERCIAL: A building designed for one or more dwelling units as well as non-residential uses that are permitted in the zoning district to be located on the ground story, with all dwelling units sharing a joint entrance from the outside. DWELLING, SINGLE -UNIT: A detached housing unit containing a single principal dwelling unit. DWELLING, THREE- TO FOUR -UNIT (TRIPLEX, QUADPLEX): A building containing three or four principal dwelling units on the same lot. DWELLING, TOWNHOUSE: Single attached units in structures housing three or more contiguous dwellings, sharing a common wall, each having separate front and rear entrances; the structures are a row -type house; not to exceed 16 units in each structure. DWELLING, TWIN HOME: A building containing two attached dwelling units, side by side, that share common walls at the property line and that are on separate lots. DWELLING, TWO- UNIT (DUPLEX): A building containing two principal dwelling units. EQUIPMENT MAINTENANCE AND STORAGE FACILITY: A facility for maintenance, repair, or storage of equipment on property owned by the owner of said equipment. FEEDLOT: A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of this Title, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under this Title. FOOD PROCESSING FACILITY: A facility that transforms raw ingredients into food or transforms food into other forms for consumption by humans or animals either in the home or by the food processing industry. Farmington Zoning Code 21 Definitions Page 187 of 403 FUNERAL HOME: A building that provides facilities for funerals; a chapel for funeral services; rooms for viewing the remains in caskets (slumber rooms, reposing rooms, viewing rooms, visitation rooms) before final services or cremation; rooms for preparation of bodies (embalming, cosmetic treatment and clothing of the deceased); display rooms and storage for caskets; garages for hearses and other equipment; and administrative offices. A funeral home may include family living quarters for the funeral director/owner. GOLF COURSE: The land upon which individuals play the game of golf, with a green and a flag. The golf course may include a clubhouse, and various accessory buildings and related practice facilities and areas such as a driving range. GREENHOUSE OR NURSERY, COMMERCIAL: A retail establishment for the growth, wholesale and/or display of plants, shrubs, trees, and landscape material used in indoor and outdoor planting, conducted within or without an enclosed building. GROCERY STORE: A place of business established primarily for the retailing of food. GROUP DAYCARE: A facility that provides nonmedical care for children or adults in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. GROUP DAYCARE CENTER, COMMERCIAL: Any state licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods less than 24-hours per day, in a place other than the person's own home. Commercial group daycares include, but are not limited to: family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and other "nonresidential programs" as defined by MN Statute 245A.02, subdivision 10. GROUP HOME: A building or residence licensed by the state as a rooming or boarding house and that provides lodging, care, and daily assistance for people that are unable to live independently, such as the elderly, mentally ill, or chemically dependent. HEALTH CLUB: A facility where members or nonmembers use equipment or space for the purpose of physical exercise. HOME OCCUPATION: An occupation or profession that is clearly incidental and secondary to the use of the building for dwelling purposes and does not change the character of the premises. Farmington Zoning Code 22 Definitions Page 188 of 403 HOSPITAL: An institution providing health services primarily for human inpatient medical and surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities and staff offices that are an integral part of the facilities. HOTEL: A building in which there are more than eight sleeping rooms offered with or without meals for compensation and open to transient or permanent guests where no provision is made for cooking in any individual room or apartment. KENNEL, COMMERCIAL: Any place where four or more dogs (male or female) over six months of age, or more than 10 cats (male or female) over six months of age, or more than 10 ferrets (male or female) over six months of age, or any combination thereof, not including offspring under seven months of age, are commercially kept, boarded, trained, or offered for sale except when located in a pet shop or animal clinic. A kennel may include secured outdoor runs and/or play areas. KENNEL, RESIDENTIAL HOBBY: Any building, structure, enclosure or premises located on a residentially used property where four or more dogs (male or female) over six months of age are kept or maintained. LIGHT MANUFACTURING FACILITY: The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties. LIMITED COMMERCIAL VENTURE: A commercial establishment conducted in a residential structure located on a residentially zoned parcel of land and in which the structure has been designated or determined eligible as a Farmington heritage landmark and/or is listed on the National Register for Historic Places. Such uses include Class I restaurant, catering centers, reception facilities, meeting or conference facilities, professional office uses, museums, art galleries, antique shops, craft boutiques, or other uses deemed similar by the Zoning Administrator. LOWER POTENCY HEMP EDIBLE RETAIL: A licensed establishment where lower - potency hemp edible products are sold to individual consumers who are at least 21 years of age. MANUFACTURED HOME: A manufactured home has the meaning provided in Code of Federal Regulations, Title 24, Section 3280.2. MANUFACTURED HOME FOR FLOODPLAIN: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home'' does not include the term "recreational vehicle." Farmington Zoning Code 23 Definitions Page 189 of 403 MANUFACTURED HOME COMMUNITY: Any site, lot, field, or tract of land upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home community. MANUFACTURING FACILITY: Any facility used for the manufacture, compounding, processing, packaging, treatment or assembly of products and materials that may or may not emit objectionable and offensive influences beyond the lot on which the use is located. Such uses include, but are not limited to: sawmills, refineries, commercial feedlots; acid; cement; explosives; flour, feed, and grain milling or storage; meatpacking and slaughter houses; coal or tar asphalt distillation; rendering of fat, grease, lard or tallow; alcoholic beverages; poisons; exterminating agents; glue or size; lime; gypsum; plaster of paris; tanneries; automobile parts; paper and paper products; glass chemicals, crude oil and petroleum products including storage; electric power generation facilities; vinegar works; junkyard; auto reduction yard; foundry forge; casting metal products; rock, stone, cement products; lumberyards; machine shops; products assembly; sheet metal shops; plastics; electronics; general nonalcoholic beverages; signs and displays; printing; publishing; fabricated metal parts; appliances; clothing; textiles; and used auto parts. MECHANICAL SALES, SERVICE AND REPAIR: Establishments primarily engaged in the sales, service and repair of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment. Included in this use type is the incidental storage, maintenance and servicing of such equipment. MICRODISTILLERY: A distillery producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year as regulated by Minnesota Statutes. MINERAL EXTRACTION: Any part of the process in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits exposed involving 50,000 cubic yards in a calendar year or, if the activity of removal will last more than one year. MINI STORAGE: A building or series of buildings consisting of individual, small, self-contained units that are leased or owned for the storage of business and/or household goods. MIXED USE BUILDING: A single building that includes office, retail, or commercial uses on at least one floor and residential apartments or condominiums on upper floors. MOTEL: A building or group of buildings used primarily as a temporary residence for motorists, tourists or travelers. Farmington Zoning Code 24 Definitions Page 190 of 403 NEIGHBORHOOD SERVICES: Establishments primarily engaged in the provision of frequently or recurrently needed goods or services for household consumption, including, but not limited to, dry cleaning, laundries, tailorings, prepackaged food, household supplies, hardware, and other commonly used services. NON-COMMERCIAL NURSERY: A place where trees, flowering and decorative plants, and shrubs are grown on site which may be conducted within a building or without and where the items grown are not sold to the general retail public. OFFICE: A facility used for conducting the affairs of a business, profession, service, industry, or government. OFFICE SHOWROOM: A facility used for the conduct of a business that involves the display and sale of goods or merchandise on the premises. OFFICE WAREHOUSE: A facility used for the conduct of a business that involves the storage and distribution of goods or merchandise from the premises. OUTDOOR SALES: Intermittent buying and selling plus leasing and trading of goods, merchandise, or materials where such goods are not enclosed within a building. PERSONAL AND PROFESSIONAL SERVICES: Nonretail services involving predominantly the handling of information or the performance of administrative services which may include services provided both on site and off site on a walk in or appointment basis, such as counseling or indirect or nonpersonal service such as real estate, travel agencies, financial agencies, insurance offices, and professional services which include, but are not limited to: legal, psychology, and accounting services. PERSONAL HEALTH AND BEAUTY SERVICES: The selling of services that involve personal health and beauty care and treatment to clients on a walk in or appointment basis. These services include, but are not limited to: barbershops, beauty salons, nail salons, weight loss services, and tanning salons. PETROLEUM BULK STORAGE: Liquid gasoline, oil, fuel oil, or kerosene stored in containers or in tanks aboveground outside of buildings. PLACE OF WORSHIP: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship. PUBLIC BUILDING AND FACILITY: Any building and/or structure owned or operated by a municipality, school district, county, state, or other governmental unit. PUBLIC GARDEN: Include botanic gardens, arboretums, historic landscapes, conservatories, and display gardens. These gardens focus on display, Farmington Zoning Code 25 Definitions Page 191 of 403 evaluation, conservation, and research of plants in landscaped and natural settings. PUBLIC PARK AND PLAYGROUND: Any land owned or leased by the City for the use of the public for active or passive recreation. PUBLIC UTILITY BUILDING: An occupied structure, building or mechanical facility owned and operated by a public or private utility company which occupies less than 500 square feet of land area. RECREATIONAL VEHICLE STORAGE FACILITY: Any facility and/or property utilized for the storage, either temporarily or permanently, of recreational vehicles on property not owned by the owner(s) of the recreational vehicle. RECYCLING FACILITY: A building used for the collection and processing of recyclable materials. Processing does not include end use manufacturing. The collection and processing of recyclable materials includes the preparation of material for efficient shipment or end users' specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, and shredding. RESEARCH FACILITY: Any establishment where research and development are conducted related to activities such as the manufacturing or production of tangible personal property, including medical, technical, and scientific research. RESIDENTIAL SWIMMING POOL. Any permanent or storable outdoor pool, inground or aboveground, intended for swimming, wading, or recreational bathing and having a capacity of 5,000 gallons or more and containing a water depth of 24 inches or more. RESTAURANT CLASS I; TRADITIONAL: An establishment serving food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within a building and which does not serve liquor. CLASS II; FAST FOOD CONVENIENCE: Restaurants where customers are served their food at a counter or in a motor vehicle in packages prepared to leave the premises or to be taken to a table or counter to be consumed. CLASS III; WITH LIQUOR SERVICE: An establishment serving both food and alcoholic beverages, but in which the principal business is the sale of such beverages at retail for consumption on the premises. CLASS IV; NONINTOXICATING: An establishment serving food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within a building and which has no on- sale liquor service. On -sale beer and wine permitted as regulated by this code. Farmington Zoning Code 26 Definitions Page 192 of 403 RETAIL SALES AND SERVICES: A use engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. SCHOOL, PRIVATE: Any building or group of buildings, not operated by a public agency or unit of government, the use of which meets compulsory education laws of the state of Minnesota for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which use does not secure the major part of its funding directly from any governmental source and including clinics as an accessory use that primarily serve or support employees of the school and their dependents. SCHOOL, PAROCHIAL: A private school maintained by a religious body usually for elementary and secondary instruction. SCHOOL, PUBLIC: Any building or group of buildings, the use of which meets compulsory education laws of the state of Minnesota for elementary school, middle school (junior high school), secondary (senior high school), or higher education and which secures all or the major part of its funding from governmental sources and is operated by a public agency or governmental unit and including clinics as an accessory use that primarily serve or support employees of the school and their dependents. SEASONAL PRODUCE STAND: A temporary use for the purpose of selling seasonal produce. SENIOR CARE FACILITY: A facility which provides personal and/or medical assistance in a home -like setting to those who cannot live independently. Facilities can range from assisted living to nursing homes. SEXUALLY ORIENTED BUSINESS: A sexually oriented arcade; sexually oriented bookstore; sexually oriented video store; sexually oriented cabaret; sexually oriented conversation/rap parlor; sexually oriented massage parlor; sexually oriented motel; sexually oriented motion picture theater; sexually oriented sauna; sexually oriented theater; escort agency; nude model studio; sexual encounter center; and other premises, enterprises, establishments, businesses, or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. (A) Specified Anatomical Area: Any of the following: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola; 2. Human male genitals in a discernible turgid state, even if opaquely covered. Farmington Zoning Code 27 Definitions Page 193 of 403 (B) Specified Sexual Activities: Includes any of the following: 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 3. Masturbation, actual or simulated; or 4. Excretory functions as part of or in connection with any of the activities set forth in subsections (B)1 through (B)3 of this definition. SEXUALLY ORIENTED BUSINESS - ACCESSORY: The offering of retail goods for sale which are classified as sexually oriented uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of sexually oriented books or magazines, or the sale and/or rental of sexually oriented motion pictures. SEXUALLY ORIENTED BUSINESS - PRINCIPAL: The offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following: (A) Escort: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. (B) Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. (C) Establishment: Means and includes any of the following: 1. The opening or commencement of any sexually oriented business as a new business; 2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; 3. The addition of any sexually oriented business to any other existing sexually oriented business; or 4. The relocation of any sexually oriented business. (D) Nude Model Studio: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. (E) Nudity or State of Nudity: Is described as follows: Farmington Zoning Code 28 Definitions Page 194 of 403 1. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts; or 2. The state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. (F) Seminude: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. (G) Sexual Encounter Center: A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: 1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or 2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude. (H) Sexually Oriented Arcade: Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas". (1) Sexually Oriented Bookstore, Or Sexually Oriented Video Store: A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration any one or more of the following: 1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, compact discs, computer software, digital recordings, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas." (J) Sexually Oriented Cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features: Persons who appear in a state of nudity; or 2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or 3. Films, motion pictures, videocassettes, slides, compact discs, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or Farmington Zoning Code 29 Definitions Page 195 of 403 description of "specified sexual activities" or "specified anatomical areas." (K) Sexually Oriented Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (L) Sexually Oriented Massage Parlor: A massage parlor which excludes minors by reason of age, or which provides for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (M) Sexually Oriented Motel: A hotel, motel, or similar commercial establishment which: Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or 2. Offers a sleeping room for rent for a period of time that is less than 10 hours; or 3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. (N) Sexually Oriented Motion Picture Theater: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." (0) Sexually Oriented Sauna: A sauna which excludes minors by reason of age, or which provides for any form of consideration, a steam bath or heat bathing room used for the purpose of bathing, relaxing, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (P) Sexually Oriented Theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear Farmington Zoning Code 30 Definitions Page 196 of 403 in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities." SOIL PULVERIZING OPERATION: An operation which breaks up and pulverizes the soil preparing for seeding, sod installation, etc. SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar generated energy. SPECIALIZED ANIMAL RAISING FACILITY: The use of land and buildings for the raising and care of fur -bearing animal such as rabbits and domestic pets, stabling and care of horses, animal kennels, and the raising of any other domestic animals of a similar nature. STABLE AND RIDING ACADEMY: Any structure and/or land use designed or arranged for the boarding, training or riding of horses. SUPPLY YARD: A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Supply yards do not include the wrecking, salvaging, dismantling, or storage of automobiles and similar vehicles. TAPROOM: An area for the on -sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include sales of malt liquor produced and packaged at the brewery for off premises consumption as allowed by Minnesota statutes, as may be amended. (Q) TELECOMMUNICATION FACILITY: Any tower, monopole, or antenna, together with related accessory equipment, that is used in whole or in part for the collection, communication, transmission, or receiving of telecommunications signals. THEATER: A facility devoted to showing of motion pictures or for dramatic, dance, musical, or other live performance. Such facilities may include related services such as food and beverage sales and other concessions. TOWER: Any ground or roof mounted pole, spire, structure or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. TOWER, MONOPOLE: A wireless communications tower consisting of a single pole or spire supported by a permanent foundation, constructed without guywires and ground anchors. TOWER, MULTIUSER: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. Farmington Zoning Code 31 Definitions Page 197 of 403 TOWER, SINGLE USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this code. TRUCK GARDENING: Small-scale cultivation of berries, flowers, fruits, grains, herbs, mushrooms, nuts, ornamental plants, seedlings, or vegetables for personal use on -site or for the sale or distribution off -site. TRUCK TERMINAL: Any structure or land devoted principally to the receipt, transfer, short term storage, and dispatching of goods transported by truck. USE, ACCESSORY: Any use customarily incidental and subordinate to the principal structure or use and located on the same lot. USE, CONDITIONAL: A listed specific type of structure or land use that may be allowed but only after review and with appropriate conditions or restrictions as provided in the zoning ordinance. USE, EXTRACTIVE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial materials, other nonmetallic minerals, and peat not regulated under MN Statute Sections 93.44 to 93.51. USE, NONCONFORMING: Use of land, building or structure which does not comply with all regulations of city ordinances governing the zoning district in which such use is located, adopted subsequent to the initiation of said use. USE, NONPROFIT RECREATIONAL, CULTURAL AND ENTERTAINMENT: A non-profit operation which facilitates or provides services to meet varied recreational, cultural and entertainment uses for their patrons. USE, PERMITTED: A public or private use which conforms with the purposes and objectives of a particular district and conforms with all requirements, regulations, and performance standards of such district. USE, PRINCIPAL: The main use to which the premises is devoted and the principal purpose for which the premises exists. WAREHOUSE RETAIL: A facility used for the conduct of a business that involves the storage and distribution of goods or merchandise from the premises that also contains a retail component that comprises less than 30% of the total floor area occupied. No outdoor display or storage is allowed with this use. WAREHOUSING FACILITY: A building and/or facility used primarily for the extended storage of goods and materials. WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY: A small, aboveground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. Farmington Zoning Code 32 Definitions Page 198 of 403 WHOLESALE BUSINESS: A business which sells goods, equipment, and materials by bulk to another business or final customer. This definition includes lower potency hemp edible wholesale. WILDLIFE FEEDING STATION: An area where food is deliberately provided for wildlife. Farmington Zoning Code 33 Definitions Page 199 of 403 TITLE 10 ZONING CHAPTER 3: GENERAL ZONING PROVISIONS 10-3-1: ESTABLISHMENT OF ZONING DISTRICTS (A) Zoning Districts Established 1. The City is divided into the following base and overlay districts shown by the district boundaries on the zoning map. The base districts are: (a) A-1 Agriculture (b) R-1 Low Density Residential (c) R-2 Low/Medium Density Residential (d) R-3 Medium Density Residential (e) R-4 High Density Residential (f) R-D Downtown Residential (g) B-1 Highway Business (h) B-2 General Business (i) D-R Downtown Residential (j) D-C Downtown Core (k) D-E Downtown Expansion (1) MUCI Mixed Use Commercial/Industrial (m) MUCR Mixed Use Commercial/Residential (n) I Industrial (o) P/OS Parks and Open Space 2. The overlay districts are: (a) PUD Planned Unit Development Overlay (b) Floodplain Overlay (c) D-O Downtown Overlay (d) S Shoreland Management (B) Zoning Map l . A map entitled Zoning Map, City of Farmington, is hereby adopted as part of this Title. All notations, references and data shown thereon are hereby incorporated by reference into this Title. It remains on file at the office of the Zoning Officer. 2. A reduced copy of this map shall be attached to and become a part of each zoning ordinance. It shall be the duty of the Zoning Officer to Farmington Zoning Code 1 General Zoning Provisions Page 200 of 403 maintain said map, and all amendments thereto shall be recorded within 90 days of official publication. 3. Explanatory material for the zoning map includes the "Flood Insurance Study For Dakota County, Minnesota And Incorporated Areas'' prepared by the Federal Emergency Management Agency dated March 16, 2016, and the flood insurance rate map panels therein as adopted by reference in Section 10-8-2(D)1 of this Title. This material is hereby adopted by reference, declared to be a part of this Title and on file and available for inspection at the office of the Zoning Officer. (C) District Boundaries District boundaries shown within the lines of the roads, streams and transportation rights of way shall be deemed to follow the centerlines. The vacation of roads shall not affect the location of such district boundaries. When the Zoning Officer cannot definitely determine the location of a district boundary by such centerlines, by the scale or dimensions stated on the zoning map or by the fact that it clearly coincides with a property line, he shall refuse action and the Board of Adjustment, upon appeal, shall interpret the location of the district boundary with reference to the scale of the zoning map and the purposes set forth in all relevant provisions of this Title. 2. Where a district boundary line divides a lot of record into two or more districts, any portion of the lot within 50 feet of such division may be used for any use of either district as approved by the Board of Adjustment. (D) Uses Not Designated 1. A use not specifically designated as a permitted, permitted with standards, interim, or conditional use anywhere in the City is considered prohibited. In such a case, the City Council, Planning Commission, or property owner may request a study by the City to determine if the use is acceptable and, if so, what zoning district would be most appropriate for the use and what conditions and standards, if any, should be attached to the development of the use. If found acceptable, an amendment to this Title may be initiated permitting the use as outlined in Chapter 10 Procedures and Enforcement of this Title. 10-3-2: GENERAL REQUIREMENTS (A) Annexation and Designation of Land 1. Land areas which may be added to the City by annexation, merger, or other means shall be classified A-1 agriculture until such time that Farmington Zoning Code 2 General Zoning Provisions Page 201 of 403 the City Council may rezone the added territory to more appropriate classifications. (B) Any lot of record existing on the effective date hereof may be used for the erection of a structure conforming to use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this Title. (C) Except in the case of a planned unit development, not more than one principal building or structure shall be located on a platted lot or parcel of land. (D) Before any building permit is issued, a vehicular access plan shall be required which links every site with an improved public street or alley. (E) Yard 1. Lots which abut on more than one street shall provide the required front yards along each street. Rear yard setbacks shall not be required on corner lots; only side yard setbacks apply. 2. All structures, whether attached to the principal structure or not, and whether open or closed, including porches, carports, balconies, or platforms above normal grade level, shall not project into any minimum front, side, or rear yard. 3. Rear and side yard property lines abutting a railroad right-of-way are exempt from rear and side yard setbacks in all districts. 4. The minimum front yard setback shall be 50 feet from the planned right of way line for all districts adjacent to minor arterial streets included in the thoroughfare plan of the Farmington comprehensive plan. (a) This provision shall not apply to the land generally located between Linden St to the north, Ash St to the south, Aikin Rd to the west, and Hwy 3 to the east. This land is described as section 31, range 19, township 114, Dakota County, Minnesota and is depicted on the official map maintained by the City and available at City Hall. 5. The lot coverage of structures within development projects which include common open space controlled by a neighborhood association shall be calculated using each unit's share of that common open space. (F) Building Height 1. Exceptions to building height include the following which may extend two feet above the specified maximum height limit: 2. Chimneys 3. Flues Farmington Zoning Code 3 General Zoning Provisions Page 202 of 403 4. Vents 5. Similar structures (G) Height Regulations for Airspace Safety 1. Any person(s) proposing a structure of 200 feet or more above ground level located within the City shall notify and obtain the approval of the Federal Aviation Administration and the Minnesota Department of Transportation. (H) Opt Out of MN Statute Section 462.3593 1. Pursuant to authority granted by MN Statute Section 462.3593, subdivision 9, the City of Farmington opts out of the requirements of MN Statute Section 462.3593. (1) Camping 1. No person shall be allowed to camp overnight in a recreational vehicle without first obtaining written approval from the Planning Department. This written approval shall allow for no more than three consecutive nights of overnight camping within a residential or agricultural district only. 2. Such vehicles will not be permitted to connect to the city sanitary sewer, but may connect to city water. (J) Display of Vehicles for Sale 1. Vehicles may be advertised for sale from the titleholder's property provided that they observe district setback requirements and are displayed on the titleholder's private driveway or parking area. 2. Not more than one vehicle may be so displayed. 3. No vehicles may be advertised for sale from public property. (K) Garage/Yard Sales 1. Merchandise offered for sale shall be the personal property of the occupant unless approved by the Zoning Officer. 2. Unless otherwise regulated, garage and yard sales within residential districts shall be limited to no more than three garage or yard sales per year, lasting no more than three consecutive days each. 10-3-3: NONCONFORMITIES (A) Purpose: It is the purpose of this Section to provide for the regulation of nonconforming buildings, structures, uses, and lots, and to specify those requirements, circumstances, and conditions under which nonconforming buildings, structures, uses, and lots will be operated, maintained, and regulated. It is necessary and consistent with the establishment of this Title that nonconforming buildings, structures, uses, Farmington Zoning Code 4 General Zoning Provisions Page 203 of 403 and lots not be allowed to continue without restriction. Furthermore, it is the intent of this Section that all nonconformities shall be eventually brought into conformity. (B) General Provisions l . Subdivision: No parcel of land or portion thereof shall be subdivided if such action results in buildings, structures, lots, or uses becoming nonconforming. 2. Floodplains: Nonconformities in floodplains and shore land areas shall comply with requirements listed in Chapter 8 of this Title, respectively. 3. Continuance of Legal Nonconformity: Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of adoption of an additional control under this Title, may be continued, including through repair, replacement, restoration, maintenance, or improvement but may not be expanded except as permitted by the Board of Adjustment in accordance with the provisions of this Title, unless: (a) Any nonconforming structure or use damaged by fire, flood, explosion, or other casualty to an extent exceeding 50% of its fair market value as indicated by the records of the county assessor, and no building permit has been applied for within 180 days of when the property was damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (b) In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed. 4. Lawful Nonconformities: Changes of lawful nonconformities may be permitted by the Board of Adjustment provided a variance is approved in accordance with Section 10-12-3 of this Title. 5. Setbacks: The minimum required setback of a principal structure or a structure accessory to a principal structure that has a legally nonconforming setback shall be either the existing setback or the setback as otherwise specified in this Title, whichever is less. 6. Change from Conforming to Nonconforming: When a legal nonconforming use of any structure or parcel of land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. 7. Change to Reduce Nonconformity: A legal nonconforming use of a structure or parcel of land may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of Farmington Zoning Code 5 General Zoning Provisions Page 204 of 403 land has been changed, it shall not thereafter be so altered to increase the nonconformity. Farmington Zoning Code General Zoning Provisions Page 205 of 403 TITLE 10 ZONING CHAPTER 4: RESIDENTIAL ZONING DISTRICTS 10-4-1: APPLICATION (A) The restrictions, regulations, standards, and guidelines in this Chapter for land use and development shall apply to the following zoning districts within the City: 1. R-1 Low Density Residential District 2. R-2 Low/Medium Density Residential District 3. R-3 Medium Density Residential District 4. R-4 High Density Residential District 10-4-2: DISTRICT PURPOSE STATEMENTS The following statements specify the purpose of the zoning districts established to regulate areas of the City considered appropriate for residential uses: (A) R-1 Low Density Residential District: The R-1 District provides for low density residential development with single -unit detached dwellings on larger lots. (B) R-2 Low/Medium Density Residential District: The R-2 District provides for a mix of low and medium density residential development including single - unit and two -unit dwellings on smaller lots. (C) R-3 Medium Density Residential District: The R-3 District provides for medium density residential development with attached housing types in areas with convenient access to jobs, services, public facilities and transit. (D) R-4 High Density Residential District: The R-4 District provides for high density residential development with attached and multiple -unit housing types in areas with convenient access to jobs, services, public facilities and transit. 10-4-3: USES (A) Table 10-4-3.1 and Table 10-4-3.2 list land uses and indicate whether they are permitted, permitted with standards, conditional, or prohibited in each zoning district. The following definitions shall be referenced when using Tables 10-4-3.1 and 10-4-3.2: 1. Permitted Use — a "P" in a cell of the use tables indicates that the land use is allowed by right in the zoning district. Farmington Zoning Code Residential Zoning Districts Page 206 of 403 2. Permitted with Standards Use - a "PS" in a cell of the use tables indicates that the land use is allowed in the zoning district provided it meets the certain use -specific standards as described in Chapter 9 of this Title. 3. Conditional Use - a "C" in a cell of the use tables indicates that the land use is allowed in the zoning district only upon approval of a conditional use permit as described in Section 10-12-5 and compliance with any applicable use -specific standards identified in Chapter 9 of this Title. 4. Interim Use - an "I" in a cell of the use tables indicates that the land use is allowed in the zoning district only upon approval of an interim use permit as described in Section 10-12-6 and compliance with any applicable use -specific standards identified in Chapter 9 of this Title. 5. Prohibited Use - a blank cell in the use tables indicates that the land use is prohibited in that zoning district. (B) Table 10-4-3.1 and Table 10-4-3.2 identify in the Use -Specific Standards column the location of use -specific standards that apply to the use. Uses subject to use -specific standards are subject to all applicable requirements of this Title. Table 10-4-3.1 Principal Use Table - Residential Districts Uses:R-1 R-2 R-3 R-4 Use -Specific Standards Residential es Household Living IMMW Dwelling, Apartment P Dwelling, Single -Unit P P Dwelling, Townhouse P P Dwelling, Twin Home P P Dwelling, Two -Unit (Duplex) P P Dwelling, Three/Four Unit P (Triplex, Quadplex) Manufactured Home PS PS See Chapter 9 Use - Specific Standards Manufactured Home C C C Community Group Living Farmington Zoning Code 2 Residential Zoning Districts Page 207 of 403 Uses:R-1 R-2 R-3 R-4 Use -Specific Standards Group Home, 6 or Fewer P P P P Persons Group Home, 7-16 Persons C C C Senior Care Facility C C C Lodging Bed & Breakfast C C See Chapter 9 Use - Specific Standards Public, Social, & Institutional Cemetery C C Child Daycare Center, C Commercial Clinic C C Club C Group Daycare, 12 or Fewer P P P P Persons Group Daycare, 13-16 C C C Persons Place of Worship C C C C Public Building and Facility C C C C Public Garden P P P P School C C C C Commercial Retail Salesor - - Funeral Home C C Limited Commercial Venture C C C C See Chapter 9 Use - Specific Standards Natural Resources Agriculture Agriculture P Entertainment, - -. . Golf Course C Utilities.. . Public Utility Building C C C C Farmington Zoning Code Residential Zoning Districts Page 208 of 403 Table 10-4-3.2 Accessory Use Table - Residential Districts Accessory R-1 R-2 R-3 R-4 Use -Specific Standards Accessory Apartment P P P Accessory Structure PS PS PS PS See Chapter 9 Use - Specific Standards Chickens on Urban PS PS See Chapter 9 Use - Residential Lots Specific Standards Daycare Facility, In -Home P P P P Home Occupation PS PS PS PS See Chapter 9 Use - Specific Standards Home Occupation, Special I I I I See Chapter 9 Use - Specific Standards Residential Swimming Pool PS PS PS PS See Chapter 9 Use - Specific Standards Solar Energy System P P P P Telecommunication Facility C C C C See Chapter 9 Use - Specific Standards 10-4-4: LOT AND SITE DIMENSIONS (A) Lot Dimensions 1. All uses in Tables 10-4-3.1 and 10-4-3.2 shall comply with the lot dimensional requirements set forth in Table 10-4-4.1 and all other applicable regulations set forth in this Title. 2. All lot dimension standards listed in this Section are subject to the standards and exemptions listed in Chapter 3 of this Title. 3. Table 10-4-4.1 establishes the minimum lot area and lot width requirements for the R-1, R-2, R-3, and R-4 zoning districts. Table 10-4-4.1 Lot Dimensions - Residential Districts District Use Type Minimum Minimum Minimum Lot Lot Area per Lot Area Width (ft.) Dwelling (sq. ft.) Unit (sq. ft.) R 1 Single -unit detached 10,000 10,000 75 dwelling Farmington Zoning Code 4 Residential Zoning Districts Page 209 of 403 District Use Type Minimum Minimum Minimum Lot Lot Area per Lot Area Width (ft.) Dwelling (sq. ft.) Unit (sq. ft.) Other 17,000 75 Single -unit detached 6,000 6,000 60 dwelling R-2 Twin home dwelling 5,500 37.5 Two -unit dwelling 5,500 11,000 75 Other 11,000 75 Twin home, two -unit, and 5,500 37.5 per unit three- to four -unit dwellings R-3 Townhouse dwellings 3,000 24 per unit Other 17,000 Townhouse and three- to 2,400 24 per unit four -unit dwellings R-4 Apartment dwellings 1,100 100 Other 40,000 100 (B) Site Dimensions l . All uses in Tables 10-4-3.1 and 10-4-3.2 shall comply with the site dimensional requirements set forth in Table 10-4-4.2 and all other applicable regulations set forth in this Title. 2. All site dimension standards listed in this Section are subject to the standards and exemptions listed in Chapter 3 of this Title. 3. Table 10-4-4.2 establishes the minimum site standards for the R-1, R-2, R-3, and R-4 zoning districts. Setbacks for any use not listed shall be the most restrictive of the base district. Table 10-4-4.2 Site Dimensions - Residential Districts District Minimum Setbacks (ft) Maximum Height (ft) Lot Covered Side Side Yard Yard Rear by Front Interior Corner Yard Structure R-1 20 6 50 6 35 30% max Farmington Zoning Code 5 Residential Zoning Districts Page 210 of 403 R-2 20 6 50 10 with 35 35% max alley 6 without R-3 25 10 50 10 45 30% max R-4 25 10 50 10 45 35% max Farmington Zoning Code Residential Zoning Districts Page 211 of 403 TITLE 10 ZONING CHAPTER 5: DOWNTOWN ZONING DISTRICTS 10-5-1: APPLICATION (A) The restrictions, regulations, standards, and guidelines in this Chapter for land use and development shall apply to the following zoning districts within the City: D-R Downtown Residential District 2. D-C Downtown Core District 3. D-E Downtown Expansion District 4. Downtown Overlay District 10-5-2: DISTRICT PURPOSE STATEMENTS (A) D-R Downtown Residential District: The D-R District recognizes the development patterns of the original residential areas of Farmington adjacent to the downtown. The D-R district is intended to accommodate existing residential development and promote infill development and redevelopment with a mix of housing types in order to strengthen the downtown, create pedestrian friendly neighborhoods, and decrease the need for automobile use through mixed uses. (B) D-C Downtown Core District: The D-C District allows a diverse mix of commercial, higher density residential, and cultural uses to preserve the unique historic architecture and small-town character of the downtown core. Development in this district should promote pedestrian activity and respect established scales and materials, ensuring a vibrant, walkable center for residents and visitors. (C) D-E Downtown Expansion District: The D-E District identifies areas adjacent to the D-C District where future commercial expansion is supported. The existing uses within this district are primarily residential in nature. Non- residential development in this district should occur contiguous to existing commercial areas and should promote pedestrian activity and respect established scales and materials, ensuring the logical expansion of the downtown core. (D) D-O Downtown Overlay District: The Downtown Overlay District establishes design standards for multi -unit residential and non-residential uses within the D-C and D-E districts. Farmington Zoning Code Downtown Zoning Districts Page 212 of 403 10-5-3: USES (A) Table 10-5-3.1 and Table 10-5-3.2 list land uses and indicate whether they are permitted, permitted with standards, conditional, or prohibited in each zoning district. The following definitions shall be referenced when using Tables 10-5-3.1 and 10-5-3.2: 1. Permitted Use - a "P" in a cell of the use tables indicates that the land use is allowed by right in the zoning district. 2. Permitted with Standards Use - a "PS" in a cell of the use tables indicates that the land use is allowed in the zoning district provided it meets the certain use -specific standards as described in Chapter 9 of this Title. 3. Conditional Use - a "C" in a cell of the use tables indicates that the land use is allowed in the zoning district only upon approval of a conditional use permit as described in Section 10-12-5 and compliance with any applicable use -specific standards identified in Chapter 9 of this Title. 4. Interim Use - an "I" in a cell of the use tables indicates that the land use is allowed in the zoning district only upon approval of an interim use permit as described in Section 10-12-6 and compliance with any applicable use -specific standards identified in Chapter 9 of this Title. 5. Prohibited Use - a blank cell in the use tables indicates that the land use is prohibited in that zoning district. (B) Table 10-5-3.1 and Table 10-5-3.2 identify in the Use -Specific Standards column the location of use -specific standards that apply to the use. Uses subject to use -specific standards are subject to all applicable requirements of this Title. Table 10-5-3.1 Principal Use Table - Downtown Districts Farmington Zoning Code 2 Downtown Zoning Districts Page 213 of 403 Uses:- .- . .. • Dwelling, Two -Unit (Duplex) P P Existing Residential Dwelling P P P Manufactured Home PS PS See Chapter 9 Use - Specific Standards Manufactured Home C C C Community • • Living Group Home, 6 or Fewer P P Persons Group Home, 7-16 Persons C C C ••• • Bed & Breakfast C C C See Chapter 9 Use - Specific Standards Hotel P P Public, Social, & Institutional Child Daycare Center, C C Commercial Clinic C P P Club C P P Group Daycare, 12 or Fewer P P Persons Group Daycare 13-16 C C Persons Place of Worship C C C Public Building and Facility C P P Public Park & Playground P P Commercial Retail Salesor - - Animal Clinic P P Auto Repair, Major C C Auto Repair, Minor C C Cannabis Retail C C See Chapter 9 Use - Specific Standards Coffee Shop P P Farmington Zoning Code Downtown Zoning Districts Page 214 of 403 Uses:- .- . .. • Commercial Services P P Convenience Store, With C C Gas Funeral Home C C C Grocery Store C C Limited Commercial Venture C C Lower Potency Hemp Edible C C Retail Neighborhood Services P P Personal and Professional P P Services Personal Heath and Beauty P P Services Restaurant, Class I, P P Traditional Restaurant, Class II, Fast C C Food Convenience Restaurant, Class III, With C C Liquor Service Restaurant, Class IV, Non- P P Intoxicating Retail Sales and Services P P Business- •l Services Office C P P Industrial Brewery P P Brewery, Small P P Brewpub C C Distillery P P Microdistillery P P Entertainment, - -. . Commercial Recreation, C C Indoor Health Club P P Farmington Zoning Code Downtown Zoning Districts Page 215 of 403 Uses:- .- . .. . Non -Profit Recreation, P P Cultural, and Entertainment Use Theater P P Utilities.. . Public Utility Building C C C Solar Energy System C C Miscellaneous - Mixed Use Building C C See Chapter 9 Use - Specific Standards Table 10-5-3.2 Accessory Use Table - Downtown Districts Accessory Uses: Accessory Structure PS PS Use -Specific Standards See Chapter 9 Use - Specific Standards Chickens on Urban Residential Lots PS PS PS See Chapter 9 Use - Specific Standards Cocktail Room P P Daycare Facility, In -Home P P Home Occupation PS PS See Chapter 9 Use - Specific Standards Parking Lot P P Sexually Oriented Business PS PS See Chapter 9 Use - Specific Standards Solar Energy System P P Taproom P P Telecommunication Facility C See Chapter 9 Use - Specific Standards 10-5-4: LOT AND SITE DIMENSIONS (A) Lot Dimensions (1) All uses in Tables 10-5-3.1 and 10-5-3.2 shall comply with the lot dimensional requirements set forth in Table 10-5-4.1 and all other applicable regulations set forth in this Title. Farmington Zoning Code 5 Downtown Zoning Districts Page 216 of 403 (2) All lot dimension standards listed in this Section are subject to the standards and exemptions listed in Chapter 3 of this Title. (3) Table 10-5-4.1 establishes the minimum lot area and lot width requirements for the D-R, D-C, and D-E zoning districts. Table 10-5-4.1 Lot Dimensions - Downtown Districts District Use Type Minimum Minimum Minimum Lot Area per Lot Area Lot Width Dwelling (sq. ft.) (ft.) Unit (sq. ft.) Single -unit detached dwelling 6,000 6,000 60 Twin home, two -unit, and D-R three- to four -unit dwellings 5,500 37.5 per unit Townhouse dwellings 2,400 24 per unit Apartment dwellings 1,100 60 D-C All uses 11,000 75 New non-residential development 19,000 120 D-E Apartment dwellings 30,000 180 All other uses None None (B) Site Dimensions 1. All uses in Tables 10-5-3.1 and 10-5-3.2 shall comply with the site dimensional requirements set forth in Table 10-5-4.2 and all other applicable regulations set forth in this Title. 2. All site dimension standards listed in this Section are subject to the standards and exemptions listed in Chapter 3 of this Section. 3. Table 10-5-4.2 establishes the minimum site standards for the D-R, D-C, and D-E zoning districts. Setbacks for any use not listed shall be the most restrictive of the base district. Farmington Zoning Code 6 Downtown Zoning Districts Page 217 of 403 Table 10-5-4.2 Site Dimensions - Downtown Districts District Minimum Setbacks (ft.) Maximum Height (ft.) Lot Covered by Structure Front Side Yard Interior Side Yard Corner Rear Yard Other Setbacks D-R 20 6 10 with alley 6 without 35 35% max D-C 0 0 0 0 0 45 100% max D-E 0 0 0 0 0 45 100% max 10-5-5: DOWNTOWN EXPANSION (D-E) DISTRICT STANDARDS (A) New non-residential development shall only be located adjacent to existing non-residential development or on corners of intersections where non-residential development exists. (B) A minimum of 60% of the lot frontage must include a building with the front plane located between 0' and 15' from the property line. 1. This provision does not apply to single -unit dwellings. (C) Parking 1. A minimum of two parking spaces is required for all uses. 2. If the calculated parking space requirement for a non-residential use based on the requirements in Table 10-10-2.1 exceeds five spaces, then the parking requirement may be reduced to 50% of the number of calculated spaces. 3. On -street parking spaces along the frontage(s) of the lot may be counted toward the parking requirement at a rate of one space per 30 feet of frontage outside of the vision triangle. (a) Parking spaces may not be located within the visual triangle described in Section 10-10-8 Fencing. 4. Access (a) If the lot is adjacent to a developed alley, then the primary driveway access shall be off of the alley. A second driveway may be allowed to the street if determined needed for circulation purposes by the City Engineer. (b) If the lot is not adjacent to a developed alley, but is a corner lot, then driveway access shall be off the side street with the lower functional class as defined by the comprehensive plan. Farmington Zoning Code 7 Downtown Zoning Districts Page 218 of 403 (D) When a non-residential use or apartment building is located adjacent to any residential property, the following screening shall be provided: l . Off-street parking lots with six or more spaces that are within 15 feet of the shared property line shall be screened by a six -foot -tall, 100% opaque fence. 2. Principal buildings located within 30 feet of the shared property line shall provide 100% opaque screening between the building and the property line at least six feet in height. Screening shall consist of the following: (a) An opaque, maintenance -free fence; (b) Landscaping and berms; or (c) A combination of fencing, landscaping, and/or berms. 10-5-6: DOWNTOWN OVERLAY DISTRICT STANDARDS (A) Purpose: The purpose of this Section is to establish design standards pertaining to multi -unit residential and non-residential buildings in the D-O District. The design standards are intended to do the following: 1. Encourage integrated site planning to create a cohesive, sustainable built environment. 2. Maintain and reinforce "small town" and "main street" architectural traditions. 3. Encourage an active, walkable, pedestrian environment. 4. Establish well defined transitions (mixed use buildings) between the downtown and adjacent neighborhoods. (B) Applicability 1. All new construction and renovations or additions of existing commercial, multi -unit residential, and mixed use buildings in the D-O District will be required to meet the standards in this Chapter, unless otherwise provided. 2. Projects exempt from meeting the standards are any of the following: (a) Interior remodels; (b) Single -unit detached dwellings, two -unit dwellings, twin home dwellings, and townhouse dwellings; (c) Normal or routine maintenance and repair of existing structures; (d) Construction that does not require a building permit. (C) Building Material and Design: 1. Building Materials Farmington Zoning Code 8 Downtown Zoning Districts Page 219 of 403 (a) In the case of new construction, renovations, or additions, 70% or more of the total surface area of any building facade fronting on a public street or open space shall consist of a mixture of two or more of the predominant downtown finish materials (clay, brick, stucco, natural stone, ornamental concrete). Extruded metal storefront framing is allowed only on window or door frames. (b) Exterior walls shall not be covered with metal panels, vinyl siding, faux half timbering, logs, shakes, shingles, exposed aggregate, or poured in place concrete. (c) Preassembled clay brick panels, artificial stucco, decorative precast units resembling stone, and other modern materials may be used that similarly match the appearance of historic materials. (d) The City Council may approve additional building materials on a case -by -case basis, provided that such materials exhibit the structural strength and permanency desired, contain sufficient architectural relief, and do not detract from the desired aesthetic character of the building and the surrounding area. 2. Massing and Scale (a) The size, scale, massing, and facade materials of new construction shall complement the architectural character of existing historic buildings identified as heritage landmarks. (b) The massing and bulk of new buildings shall be mitigated by varied massing and proper articulation of street facades. Large ''big box" commercial buildings shall be designed to appear as multiple storefronts by breaking the facade into smaller bays of 20 feet in width in order to maintain a pattern integrated with and similar to surrounding buildings. 3. Transparency (a) For commercial and mixed use buildings, transparent glass must comprise a minimum of 50% and a maximum of 75% of the total wall area of the ground floor of any building facade fronting on a public street or open space. (b) For buildings with ground floor residential uses, transparent glass or facade openings shall comprise a minimum of 20% and a maximum of 50% of the total wall area. Upper story windows will be vertically proportioned and have the visual appearance of traditional double hung sash. (c) Blank, windowless walls facing a public street or open space are prohibited, which is defined as not exceeding a horizontal distance of 15 feet of a building's facade. Farmington Zoning Code 9 Downtown Zoning Districts Page 220 of 403 4. Imitation of historical styles shall be encouraged in new construction and renovation of existing buildings; references to historic architectural styles and periods will be interpreted in a contemporary manner; new and renovated buildings shall reinforce and not compete with heritage landmark properties. 5. The ground or street level of a building shall be visually distinguished from the upper level(s) through the use of colors and/or building materials. 6. Corner buildings shall be designed with two street facades and a main entrance on both sides. 7. Rooflines shall be flat or gently sloping. (D) Awnings/Canopies l . Awnings/canopies shall only be allowed over the ground floor window openings and along the frontage of all building entrances. 2. Awnings and canopies shall emphasize the rhythm of the facade bays, windows and entrances, and shall not continue uninterrupted along the building facade. 3. Awnings and canopies shall not project more than five feet into the public right of way, except where located above an entrance, in which case the maximum projection shall not exceed eight feet. Awnings and canopies shall not be supported by poles or other structural elements located in the public right of way. 4. The bottom of awnings and canopies shall be at least eight feet above sidewalk grade. 5. Backlit awnings and canopies are not permitted. 6. Lettering on awnings and canopies shall comply with Section 10-1 1- 5(B)3. 7. Materials (a) Awning and canopy materials should be limited to cotton, acrylic or vinyl coated cotton, copper or bronze coated metal, or clear glass. (b) Awnings shall be designed with a slope. No horizontal awnings are allowed. (c) Structural supports shall be constructed of steel and/or aluminum and shall (if or where visible) incorporate ornamental features. (E) Parking Areas 1. Required off street parking spaces shall be provided by surface parking areas located at the rear or sides of a building and provided Farmington Zoning Code 10 Downtown Zoning Districts Page 221 of 403 with architecturally compatible security lighting, and screened with landscape buffers or low walls. 2. Underground and above -ground parking structures shall be encouraged and new parking structures shall be compatible with (but not indistinguishable from) adjacent buildings in terms of height, scale, massing, and materials. Farmington Zoning Code 11 Downtown Zoning Districts Page 222 of 403 TITLE 10 ZONING CHAPTER 6: MIXED USE ZONING DISTRICTS 10-6-1: APPLICATION (A) The restrictions, regulations, standards, and guidelines in this Chapter for land use and development shall apply to the following zoning districts within the City: 1. MUCI Mixed Use Commercial/Industrial District 2. MUCR Mixed Use Commercial/Residential District 10-6-2: DISTRICT PURPOSE STATEMENTS (A) MUCI Mixed Use Commercial/Industrial District: The MUCI District provides for the development of larger mixed business areas along major roadways, including services, offices, research laboratories, and light manufacturing uses without any exterior activities, as well as compatible commercial uses. This district is intended to be flexible to accommodate a mix of non-residential uses and development formats. (B) MUCR Mixed Use Commercial/Residential District: The MUCR District is established to provide a flexible framework for the creation of high quality, comprehensively designed commercial neighborhood development with a multiple -unit component. A variety of developments are encouraged, with developments designed to promote walking, bicycling and potential transit use. 10-6-3: USES (A) Table 10-6-3.1 and Table 10-6-3.2 list land uses and indicate whether they are permitted, permitted with standards, conditional, or prohibited in each zoning district. The following definitions shall be referenced when using Tables 10-6-3.1 and 10-6-3.2: 1. Permitted Use - a "P" in a cell of the use tables indicates that the land use is allowed by right in the zoning district. 2. Permitted with Standards Use - a "PS" in a cell of the use tables indicates that the land use is allowed in the zoning district provided it meets the certain use -specific standards as described in Chapter 9 of this Title. 3. Conditional Use - a "C" in a cell of the use tables indicates that the land use is allowed in the zoning district only upon approval of a conditional use permit as described in Section 10-12-5 and Farmington Zoning Code Mixed Use Zoning Districts Page 223 of 403 compliance with any applicable use -specific standards identified in Chapter 9 of this Title. 4. Interim Use - an "I" in a cell of the use tables indicates that the land use is allowed in the zoning district only upon approval of an interim use permit as described in Section 10-12-6 and compliance with any applicable use -specific standards identified in Chapter 9 of this Title. 5. Prohibited Use - a blank cell in the use tables indicates that the land use is prohibited in that zoning district. (B) Table 10-6-3.1 and Table 10-6-3.2 identify in the Use -Specific Standards column the location of use -specific standards that apply to the use. Uses subject to use -specific standards are subject to all applicable requirements of this Title. Table 10-6-3.1 Principal Use Table - Mixed Use Districts Uses: MUCR MUCI Use -Specific Standards Residential Uses Household Living Dwelling, Apartment Manufactured • Community Lodging � QQ Public, Social, & Institutional Child Daycare Center, Commercial • - of • . Q_ Public• • • • FacilityQ_ Commercial Retail Sales or Services Animal Clinic Farmington Zoning Code 2 Mixed Use Zoning Districts Page 224 of 403 Uses:- .- Standards Auto Repair, Major (Interior C of Principal Building Only) Auto Repair, Minor C Cannabis Retail C C See Chapter 9 Use - Specific Standards Coffee Shop P Commercial Services P Convenience Store, With C C Gas Funeral Home C Grocery Store C C Lower Potency Hemp Edible C C See Chapter 9 Use - Retail Specific Standards Neighborhood Services P Personal and Professional P Services, Less Than 3,000 SF Personal and Professional C Services, Greater Than 3,000 SF Personal Health and Beauty P Services, Less Than 3,000 SF Personal Health and Beauty C Services, Greater Than 3,000 SF Restaurant, Class I, P P Traditional Restaurant, Class II, Fast C C Food Convenience Restaurant, Class III, With C C Liquor Service Restaurant, Class IV, Non- P P Intoxicating Retail Sales and Services P P Business- Services Office P P Research Facility P Industrial Farmington Zoning Code Mixed Use Zoning Districts Page 225 of 403 Uses:- .- Standards Brewery P Brewery, Small P Brewpub C C Data Center P Distillery P Light Manufacturing Facility P Manufacturing Facility C Microdistillery P Wholesale Business P Warehousing Facility P Commercial Recreation, C P Indoor Health Club P P Non -Profit Recreational, Cultural, and Entertainment P Use Theater P P Utilities.. . Public Utility Building 7C C Miscellaneous - Mixed Use Building C See Chapter 9 Use - Specific Standards Table 10-6-3.2 Accessory Use Table - Mixed Use Districts Uses:Accessory - .- cific Standards Cocktail Room P Parking Lot P P Residential Swimming Pool PS See Chapter 9 Use -Specific Standards Taproom P Farmington Zoning Code Mixed Use Zoning Districts Page 226 of 403 10-6-4: LOT AND SITE DIMENSIONS (A) Lot Dimensions (1) All uses in Tables 10-6-3.1 and 10-6-3.2 shall comply with the lot dimensional requirements set forth in Table 10-6-4.1 and all other applicable regulations set forth in this Title. (2) All lot dimension standards listed in this Section are subject to the standards and exemptions listed in Chapter 3 of this Title. (3) Table 10-6-4.1 establishes the minimum lot area and lot width requirements for the MUCI and MUCR zoning districts. Table 10-6-4.1 Lot Dimensions - Mixed Use Districts District Use Type Minimum Lot Area per Dwelling Unit (sq. ft.) Minimum Lot Area (sq. ft.) Minimum Lot Width (ft.) MUCR All Uses n/a 5,000 50 MUCI All Uses n/a 1 acre 100 (B) Site Dimensions 1. All uses in Tables 10-6-3.1 and 10-6-3.2 shall comply with the site dimensional requirements set forth in Table 10-6-4.2 and all other applicable regulations set forth in this Title. 2. All site dimension standards listed in this Section are subject to the standards and exemptions listed in Chapter 3 of this Title. 3. Table 10-6-4.2 establishes the minimum site standards for the MUCI and MUCR zoning districts. Setbacks for any use not listed shall be the most restrictive of the base district. Table 10-6-4.2 Site Dimensions - Mixed Use Districts District Minimum Setbacks (ft.) Maximum Lot Covered Height (ft.) by Structure Front Side Rear Yard Other Yard Setbacks I nterior MUCR 0 0 0 30' setback 45 100% max 25of screening from when adjacent collector to residential and arterial roadways MUCI None None 20 40 Farmington Zoning Code 5 Mixed Use Zoning Districts Page 227 of 403 Farmington Zoning Code Mixed Use Zoning Districts Page 228 of 403 TITLE 10 ZONING CHAPTER 7: NON-RESIDENTIAL ZONING DISTRICTS 10-7-1: APPLICATION (A) The restrictions, regulations, standards, and guidelines in this Chapter for land use and development shall apply to the following zoning districts within the City: 1. A-1 Agriculture District 2. B-1 Highway Business District 3. B-2 General Business District 4. 1 Industrial District 5. P/OS Parks and Open Space District 10-7-2: DISTRICT PURPOSE STATEMENTS The following statements specify the purpose of the zoning districts established to regulate areas of the City considered appropriate for residential uses: (A) A-1 Agriculture District: The A-1 District is intended to preserve the City's agricultural uses in order to protect farms, to maintain the City's small- town character and to create an urban reserve for such time when there is a need for additional urban development and public utilities may be extended. (B) B-1 Highway Business District: The B-1 District is intended to provide nodes of commercial uses along major roadways that are both pedestrian accessible from adjoining neighborhoods and automobile accessible for short trips and through traffic. (C) B-2 General Business District: The B-2 District accommodates existing areas with commercial and industrial businesses that incorporate site design measures to ensure their compatibility with adjacent properties. (D) I Industrial District: The I District provides areas for existing and future industrial uses and promotes high quality architectural, landscaping and site plan development standards in order to increase the City's tax base and employment opportunities. This district requires that exterior industrial activities and storage are limited and fully screened to minimize impacts on adjacent properties and public rights -of -way. (E) P/OS Parks and Open Space District: The P/OS District provides recreational and leisure opportunities through publicly owned land and recognizes vital environmental resources including steep slopes, wetlands, and floodplains. Farmington Zoning Code Non -Residential Zoning Districts Page 229 of 403 10-7-3: USES (A) Table 10-7-3.1 and Table 10-7-3.2 list land uses and indicate whether they are permitted, permitted with standards, conditional, or prohibited in each zoning district. The following definitions shall be referenced when using Tables 10-7-3.1 and 10-7-3.2: 1. Permitted Use - a "P" in a cell of the use tables indicates that the land use is allowed by right in the zoning district. 2. Permitted with Standards Use - a "PS" in a cell of the use tables indicates that the land use is allowed in the zoning district provided it meets the certain use -specific standards as described in Chapter 9 of this Title. 3. Conditional Use - a "C" in a cell of the use tables indicates that the land use is allowed in the zoning district only upon approval of a conditional use permit as described in Section 10-12-5 and compliance with any applicable use -specific standards identified in Chapter 9 of this Title. 4. Interim Use - an "I" in a cell of the use tables indicates that the land use is allowed in the zoning district only upon approval of an interim use permit as described in Section 10-12-6 and compliance with any applicable use -specific standards identified in Chapter 9 of this Title. 5. Prohibited Use - a blank cell in the use tables indicates that the land use is prohibited in that zoning district. (B) Table 10-7-3.1 and Table 10-7-3.2 identify in the Use -Specific Standards column the location of use -specific standards that apply to the use. Uses subject to use -specific standards are subject to all applicable requirements of this Title. Table 10-7-3.1 Principal Use Table - Non -Residential Districts Farmington Zoning Code 2 Non -Residential Zoning Districts Page 230 of 403 Uses:P/OSUse-Specific Standa Motel P Public, Social, & Institutional Cemetery C Child Daycare Center, C C Commercial Clinic P Club P Community Solar Garden C Group Daycare Center, C C Commercial Hospital C Place of Worship C Public Building and Facility C C P P Public Garden P Public Park & Playground P P School C Commercial Retail Salesor - - Animal Clinic P P Auction House C Auto Repair, Major C Auto Repair, Minor C Auto Sales P Cannabis Retail See Chapter C C 9 Use - Specific Standards Car Wash C C Coffee Shop P P Commercial Services P P Convenience Store, With C C Gas Farmington Zoning Code Non -Residential Zoning Districts Page 231 of 403 Uses:P/OSUse-Specific Standa Greenhouse & Nursery, P C Commercial Grocery Store C Kennel, Commercial C C C Lower Potency Hemp Edible See Chapter Retail C C 9 Use - Specific Standards Mechanical Sales, Service and Repair P Neighborhood Services P Outdoor Sales C C Personal and Professional P Services Personal Health and Beauty P Services Recreation Equipment P P Sales/Service/Repair Restaurant, Class I, P P Traditional Restaurant, Class II, Fast C Food Convenience Restaurant, Class III, With C Liquor Service Restaurant, Class IV, Non- P Intoxicating Retail Sales and Services P P Business- Services Office P P P Office Showroom P Office Warehouse P Research Facility P Industrial Brewery P P Brewery, Small P P Farmington Zoning Code Non -Residential Zoning Districts Page 232 of 403 Uses:P/OSUse-Specific Standa Brewpub C Cannabis Cultivation, Indoor See Chapter C C 9 Use - Specific Standards Cannabis or Hemp See Chapter Manufacturing C 9 Use - Specific Standards Data Center P P P Distillery P P Equipment Maintenance C and Storage Facility Food Processing C Facility Light Manufacturing Facility P P Manufacturing Facility C C Microdistillery P P P Mini Storage C Mineral Extraction C I Petroleum Bulk Storage C Recreational Vehicle C Storage Facility Recycling Facility See Chapter C 9 Use - Specific Standards Soil Pulverizing Operation I Supply Yard C P Wholesale Business C P Natural Resources Agriculture Agriculture P P Agriculture Services C Cannabis Cultivation, C See Chapter Outdoor 9 Use - Farmington Zoning Code Non -Residential Zoning Districts Page 233 of 403 Uses:P/OSUse-Specific Sta Specific Standards Feedlot C Non -Commercial Nursery P Specialized Animal Raising Facility P Stable and Riding Academy C Warehousing Facility C P Warehouse Retail C Wildlife Feeding Station C Entertainment, - -. . Commercial Recreation, P P C Indoor Commercial Recreation, C Outdoor Golf Course C P Health club P Non -Profit Recreational, Cultural, and Entertainment P Use Sexually Oriented Business See Chapter PS 9 Use - Specific Standards Theater P Utilities.. . Bus Terminal C Public Utility Building C C C C P Solar Energy System C C Truck Terminal C C Farmington Zoning Code Non -Residential Zoning Districts Page 234 of 403 Table 10-7-3.2 Accessory Use Table - Non -Residential Districts Standards Accessory Apartment P Accessory Structure See Chapter PS 9 Use - Specific Standards Cocktail Room P P P Daycare Facility, In -Home P Home Occupation See Chapter PS 9 Use - Specific Standards Kennel, Residential Hobby P Parking Lot P P P P Sexually Oriented Business See Chapter PS 9 Use - Specific Standards Solar Energy System P Seasonal Produce Stand P Taproom P C Telecommunication Facility See Chapter C C C C 9 Use - Specific Standards Truck Gardening P 10-7-4: LOT AND SITE DIMENSIONS (A) Lot Dimensions l . All uses in Tables 10-7-3.1 and 10-7-3.2 shall comply with the lot dimensional requirements set forth in Table 10-7-4.1 and all other applicable regulations set forth in this Title. 2. All lot dimension standards listed in this Section are subject to the standards and exemptions listed in Chapter 3 of this Title. 3. Table 10-7-4.1 establishes the minimum lot area and lot width requirements for the A-1, B-1, B-2, I, and P/OS zoning districts. Farmington Zoning Code 7 Non -Residential Zoning Districts Page 235 of 403 Table 10-7-4.1 Lot Dimensions - Non -Residential Districts District Use Type Minimum Lot Area (sq. ft.) Minimum Lot Width (ft.) A-1 All uses 40 acres 150 B-1 All uses 10,000 75 B-2 All uses 5,000 50 1 All uses 40,000 150 P/OS All uses None None (B) Site Dimensions l . All uses in Tables 10-7-3.1 and 10-7-3.2 shall comply with the site dimensional requirements set forth in Table 10-7-4.2 and all other applicable regulations set forth in this Title. 2. All site dimension standards listed in this Section are subject to the standards and exemptions listed in Chapter 3 of this Title. 3. Table 10-7-4.2 establishes the minimum site standards for the A-1, B-1, B-2, B-3, I, and P/OS zoning districts. Setbacks for any use not listed shall be the most restrictive of the base district. Table 10-7-4.2 Site Dimensions - Non -Residential Districts District Minimum Setbacks (ft.) Maximum Lot Height (ft.) Covered Front Side Side Rear Other Setbacks Yard Yard Yard Yard by Interior Corner Structure A-1 50 20 50 20 B-1 30 10 10 35 40% max B-2 20 6 6 45 35% max 1 50 25 25 If two or more 45 35% max industrial lots are developed as one site, the interior common property line shall be ignored. P/OS 20 6 6 35 Farmington Zoning Code 8 Non -Residential Zoning Districts Page 236 of 403 (C) In addition to the setbacks listed in Table 10-7-4.2 above, the following setbacks shall apply to any property in the B-1, B-2, or I districts that abuts any residential district: 1. 10 feet side and rear from off street parking and access drives; 2. 35 feet side and rear from public and semipublic buildings; 3. 50 feet side and rear from recreational, entertainment, commercial, and industrial uses. 10-7-5: A-1 AGRICULTURE DISTRICT STANDARDS (A) Feedlots, fenced runs, pens, and similar intensively used facilities for animal raising and care shall not be located within 300 feet of a neighboring property. Farmington Zoning Code 9 Non -Residential Zoning Districts Page 237 of 403 TITLE 10 ZONING CHAPTER 8: SPECIAL/OVERLAY ZONING DISTRICTS 10-8-1: PLANNED UNIT DEVELOPMENT OVERLAY (A) Intent and Purposes: The planned unit development (PUD) overlay district is intended to result in new development that benefits the city and its residents. The PUD overlay provides a development alternative that allows for greater flexibility and creativity in site and building design than would be possible under the strict application of a zoning district's requirements. This overlay district adopts the underlying zoning district uses. In return for having greater flexibility in site and building design requirements, a PUD approved under this ordinance shall achieve one or more of the following purposes: 1. Greater utilization of new technologies in building design, construction, and land development. 2. Variety in the organization of site elements, lot sizes, housing types, and land uses. 3. Preservation and enhancement of environmental resources, including flora and fauna, scenic views, screening, access, and open space. 4. More efficient and effective use of land and public infrastructure to support higher quality development at a lesser cost. 5. Establishment of recreational, public, and open spaces which may be more useable, more suitability located, and higher quality than would be provided under development standards. 6. Increased environmental sustainability in the development of land, building construction, and building operations. 7. Higher level of integration of pedestrian and bicycle facilities to and within a PUD. 8. An increase in the supply of low-income and moderate -income housing. (B) General Standards: 1. Minimum Land Area: The proposed planned unit development must be comprised of at least five acres of contiguous land. 2. Sewer and Water Service: All PUDs shall have municipal sewer and water service available. 3. Under Unified Control: The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit. Farmington Zoning Code 1 Special/Overlay Zoning Districts Page 238 of 403 4. Permitted Uses: Allowed uses are only those permitted in the underlying zoning district in which the planned unit development is located; a PUD does not provide flexibility in allowed uses. 5. Density: The number of dwelling units proposed for a PUD shall not exceed the number of dwelling units permitted by the underlying zoning district in which the development is located. 6. Number of Buildings per Lot: More than one building may be placed on a single platted lot in a PUD. 7. Building Permit: No building permit shall be granted for a building on land for which a plan for a PUD has not been finally approved by the city council. 8. Staging of Development: (a) Any PUD plan proposed to be constructed in stages shall include full details relating thereto and the City Council may approve or modify, where necessary, any such proposals. (b) The staging shall include the timing for beginning and completion of each stage. Such timing may be modified by the City Council on the showing of good cause by the developer. 9. Streets, Utilities, and Services. The uniqueness of each PUD proposal requires that specifications and standards for streets, utilities and services shall be subject to minor modifications from the specifications and standards established in this and other city ordinances governing their construction. 10. The City Council may therefore waive or modify the specifications or standards where it is found that they are not required in the interest of the residents of the entire City. 11. The plans and profiles of all streets, utilities and services shall be reviewed, modified, if necessary, and approved by the City Engineer. (C) Planned Unit Developments shall be processed following the procedure listed in Section 10-12-8 Planned Unti Development (PUD). (D) Planned Unit Development Districts: (1) PUD-1 - Farmington Technology Park: (a) Development Plans: The following plans are required to be reviewed and approved by the City and must be in conformance with all standards listed below: (i) Site Plans. (ii) Landscaping Plans. (iii) Lighting Plans. (iv) Noise Studies. Farmington Zoning Code 2 Special/Overlay Zoning Districts Page 239 of 403 (v) Grading Plans. (vi) Building Plans. (vii) Storm Water Plans. (viii) Utility Plans. (b) Permitted Uses: The following uses are permitted uses in PUD-1: (i) Data Center Technology Park. (c) Accessory Uses: The following uses shall be permitted accessory uses in the PUD-1: (i) Electric Substations. (d) Special Development Standards: (i) Building Setbacks: 1. Adjacent To Residential Uses: 250 feet. a. This setback is also recognized to be established from the residential properties on the south side of 225th St. West. The intervening 225th St. West ROW is considered to be included in the measurement of this setback. 2. Adjacent To Non -Residential Uses: 150 feet. 3. From the 75-foot ROW dedication on the east side of Lot 1, Block 1: 175 feet. 4. Adjacent To Lot 2: Zero feet from internal property lines within the overall PUD. Applicable MUCI setbacks shall apply to property lines not adjacent to the PUD. 5. Adjacent To 225th Street West: 40 feet with the exception of a 250- foot setback identified in (D)1 (d) (i)1 above. 6. Adjacent to the southern property line of Lot 3 and the western property line of Lot 3 north to the designated floodzone: 40 feet. (ii) Natural Buffers: A natural buffer of 40 feet from all perimeter property lines, except for this listed below, is established under this PUD: Existing, healthy trees shall be retained in the natural buffer, to the greatest extent practicable, in accordance with Section 10-10-7 Woodland and Tree Preservation. Utilities, access drives landscaping, perimeter fencing and berms may be located in the natural buffer. Except as otherwise permitted under subsection (D)1 (d) (ii)2, Security fencing, security gates, and guard buildings shall be located on the interior side of the natural buffer. Where there are no existing trees in the natural buffer that qualify Farmington Zoning Code 3 Special/Overlay Zoning Districts Page 240 of 403 for preservation under Section 10-10-7 Woodland and Tree Preservation, then stormwater features may be located in the natural buffer provided they are adequately landscaped in accordance with the applicable sections of the Farmington City Code, unless otherwise approved by the Planning Division. 2. Exceptions: a. Adjacent to 225th Street West. b. Adjacent to Lot 2: Only the eastern most property line south of the 40-foot natural buffer adjacent to State Highway 50 and adjacent to the southern property line outside of the 150-foot setback adjacent to the western property line of Lot 1. c. From the northeast comer of Lot 13, Bock 3, Executive Estates, directly south along the project property line to the 225th St. West ROW there shall be an 80-foot natural buffer. d. From the southwest comer of Lot 1, Block 1 Farmington Technology Park easterly to directly north of the northwest comer of Lot 1, Block 2 Farmington Technology Park, there shall be an 80-foot natural buffer. (iii) Landscaping: In addition to the applicable landscaping standard set forth in Section 10-10-6 Landscaping, the following additional landscaping standards shall apply: 1. Drought tolerant, native plants shall be utilized throughout the site. A diversity of coniferous and deciduous plant material shall be used subject to and as determined through the planting plan review during the site plan process. Additionally, a mix of fast and slower growing tree species shall be planted. 2. Rock, gravel, and/or mulch may also be used as an accent material for maintenance areas directly adjacent to a building, around utility access points (i.e. manholes, control valves, and hand holes), or in mechanical areas. 3. Where parking areas are located a minimum of 300 feet from a public road or residential use, and the parking area is screened by building location, parking lot landscaping shall not be required. However, end islands of parking aisles that are visible from a public street or residential use Farmington Zoning Code 4 Special/Overlay Zoning Districts Page 241 of 403 shall be landscaped in accordance with Section 10-10- 6(D)8. 4. Berms are required to be constructed where development occurs adjacent to residential uses. Berms may be allowed up to 10 feet in height from existing grade in order to incorporate more aesthetic visual features into the site. Berms over 10 feet in height may be allowed subject to administrative site plan review and approval by the City. Additionally, landscaping may be installed on the berms and walls where feasible. 5. Any berms approved with a site plan for a data center building shall be constructed prior to the first foundation inspection for any building included in the associated approved site plan. Landscaping associated with the berm shall be installed during the Minnesota growing season. If construction of the berms are completed outside of the Minnesota growing season, then all required landscaping shall be installed by June 1 of the subsequent growing season. (iv) General Design Standards: 1. Principal building facades will meet the following standards: a. For the purposes of this subsection, the term "principal building facades" shall include all building facades substantially visible to abutting public roads or adjacent to planned or existing residential districts. b. Principal building facades shall avoid the use of undifferentiated surfaces by including at least two of the following design elements: Change in building height. ii. Building step -backs, projections or recesses. iii. Fenestration. iv. Changes in building material, pattern, texture, color. v. Use of accent material. vi. Overhangs. vii. Canopies or porticos. viii. Arcades. ix. Variations in the roof line. Farmington Zoning Code 5 Special/Overlay Zoning Districts Page 242 of 403 x. Faux windows. A. Green walls. xii. Other enhanced design elements which may be approved by the Planning Commission. c. When a building has more than one principal facade, such facades shall be consistent in their design, materials, and treatments. 2. Screening of Building Mechanical Equipment and Critical Infrastructure: a. Ground -level mechanical equipment or accessory uses (not including parking areas) that are visible from public rights -of -way and/or adjacent residential dwellings will be screened from public view using one or multiple of the following methods of screening: i. A principal structure; ii. Existing vegetation that will remain on the property, or new, planted vegetation (ex. Evergreens or shrubs) that fully screens the equipment from public view; iii. A visually solid fence, screen wall or panel, or other visually solid screen that shall be constructed of materials that are matching or consistent in style, color and/or texture with those used in the exterior construction of the principal building. Chain link fencing with slats is not permitted to satisfy this requirement. b. Above -ground mechanical equipment and structures will be screened from view from adjacent public streets and residential dwellings. c. Any mechanical units placed on the rooftops of buildings shall be screened from view from adjacent public streets and residential dwellings by architectural features which are compatible with building facade architecture. The method of screening shall be provided and reviewed with the Planning Division's review of the building elevations. The screening of roof mounted equipment shall be excluded from the overall height limitation but in no instance shall exceed 80 feet. Rooftop equipment should be centrally located on the roof where feasible. Farmington Zoning Code 6 Special/Overlay Zoning Districts Page 243 of 403 d. All buildings are exempt from any existing or future City requirement to install roof -mounted solar equipment. (v) Building Height: Maximum building height for principal structures is 80 feet. However, the maximum height at the building setback line is 50 feet. For each one -foot increase in building height, the building must be stepped back five feet. 1. 80 foot tall buildings shall be setback a minimum of 400 feet from the property line adjacent to a residential zone district. 2. Maximum building height for accessory buildings is 50 feet. (vi) Fences: 1. Security Fencing: a. Maximum fence height of 14 feet. b. Must be located on the inside edge of the natural buffer interior to the site unless otherwise approved by the City. 2. Perimeter Fencing: a. Maximum fence height of seven feet. b. In locations where the existing fence will be relocated to the property line on the west side of the project boundary, applicant shall provide adjacent property owners with the opportunity to collectively decide between three choices of fence material and design to include, but not limited to: wood, chain link, or metal. Applicant shall also replace any damaged landscaping resulting from the fence replacement. (vii) Electric Utility Lines: 1. Data centers are typically fed power from the utility's transmission system directly to the data center site. Depending on the utility, transmission voltage is typically 69kV or greater. Transmission lines are typically installed overhead for safety and cost effectiveness. 2. Permanent distribution lines on data center campuses are typically installed underground. 3. Temporary overhead power distribution lines for construction power will likely be installed above -ground. It has not been determined how construction power will be constructed or served. Temporary lines, which look like standard utility distribution lines, provide power for the construction of buildings and the support of building Farmington Zoning Code 7 Special/Overlay Zoning Districts Page 244 of 403 operations. These lines shall remain in use until the permanent underground service from the on -site substation is operational, and building construction is completed. The temporary distribution equipment may be rerouted to serve additional construction sites or removed altogether by the electric utility. 4. The transition from the transmission system is a switching station/substation, which may or may not be on the data center site. The switching station/substation is an integral use associated with the data center operations. (viii) Noise: 1. Noise generated from the site shall meet the applicable noise ordinance requirements as established by the Minnesota Pollution Control Agency. 2. Prior to the approval of a site plan, the applicant shall provide a noise study to demonstrate that the applicable noise levels will not be exceeded. At the time of site plan and building permit review, additional noise attenuation measures to ensure that MPCA noise rules are adhered to may be required. 3. In addition to the foregoing, applicant agrees to install physical sound attenuation on any mechanical equipment (including but not limited to ground supported barriers, earthen berms, mechanical screening or other attenuation techniques as specifically called out in subsequent sound studies) that is installed at a data center building located within 1,200 feet of any adjacent residential use and that is either (i) installed on the rooftop of such building or (ii) that is installed on the exterior side of such data center building and directly facing such adjacent residential uses, in each case unless a noise study demonstrates that there is no incremental noise from such mechanical equipment as a result of the foregoing installation locations. (ix) Parking: One parking space per 1,000 square feet of office use. Parking spaces are not required for designated data hall areas. Minimum parking may be modified based on a parking study provided with a site plan or building permit application, as applicable. (x) Substations shall be exempt from the design regulations of the MUCI Zoning District. Mechanical and electrical equipment Farmington Zoning Code 8 Special/Overlay Zoning Districts Page 245 of 403 will be housed in mechanical yards that are fenced and screened. 1. The property may have outdoor mechanical and electrical equipment of size (not to exceed the aggregate building footprint), number, volume, and location to sufficiently serve the buildings and be in relational proximity to the buildings. 2. Security fencing around a substation shall be setback a minimum of 30 feet from a property line adjacent to a residential zoned property. Any substation equipment shall be setback a minimum of 50 feet from a property line adjacent to a residential zoned property. (A) Private communications towers are permitted up to a maximum height of 80 feet and are subject to building setback requirements. (xii) Maximum Lot Coverage of All Uses: There is no maximum lot coverage for all uses built in designated "developable area". (xiii) Lighting: The maximum height of pole -mounted exterior lighting shall be 18 feet. All exterior lighting fixtures, including pol-mounted exterior lighting and building -mounted exterior lighting, shall be fully shielded with house side shields installed. Lighting shall not exceed .50 foot-candles at the interior edge of the natural buffer area, as applicable. Lighting that is exempt from these requirements includes temporary lighting and lighting provided for emergency or safety and security purposes as required by: the Building Code, Electrical Code, or otherwise within the City Code. Signage related to the authorized uses shall not be illuminated. The uplighting of buildings is prohibited. The maximum height of a building - mounted exterior light fixture shall be 35 feet in height, with exception of motion -activated security lighting. (xiv) Access: Primary access drives shall be a minimum of 250 feet from any directly abutting residential property line. This provision does not apply to residential properties that are separated by right-of-way. (2) PUD-2 - Dakota Meadows Preserve. (a) Development plans. The following plans are required to be reviewed and approved by the City and must be in conformance with all standards listed below: (i) Preliminary and Final Plat (ii) Utility & Street Construction Plan Farmington Zoning Code 9 Special/Overlay Zoning Districts Page 246 of 403 (b) Special development standards. (i) Lot Area & Width. Reducing the minimum lot area to 4,261 square feet. 2. Reducing the minimum lot width to 40 feet. (ii) Building Setbacks. 1. Reducing the corner side yard setback to 15 feet. 2. Reducing the interior side yard setback to five feet. (iii) Building Coverage. Increasing the building coverage percentage for lots to 50%. (iv) Stormwater Pond Depth. Allowance for stormwater basins within the development to exceed the maximum detention pond depth of eight feet as provided for in the City's Engineering Guidelines. (E) Approval Criteria: (3) Consistent With Comprehensive Plan: The development shall be planned so that it is consistent with the Farmington comprehensive plan. (4) Compatibility with Existing Development: The planned unit development proposal must harmonize with existing development in the area surrounding the project site. Architectural style of buildings shall not solely be a basis for denial or approval of a plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations in the review stages of the planning commission and council. (5) Preservation of Natural Amenities: A primary function of the PUD overlay is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of the objective will be a basic consideration in granting approval or denial. (6) Open Space Uses: Land for private or public open space use protected by covenants running with the land or by conveyances or dedicated as the planning commission may specify shall be an integral part of the plan. Such open space areas shall conform to land area requirements of the subdivision ordinance, and shall not include land devoted to streets, parking and private yards. Farmington Zoning Code 10 Special/Overlay Zoning Districts Page 247 of 403 10-8-2: FLOODPLAIN OVERLAY DISTRICT (A) Statutory Authorization: The legislature of the state of Minnesota has, in MN Statutes Annotated Chapters 103F and 394 for counties or 462 for municipalities, delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. MN Statutes Annotated Chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the national flood insurance program. Therefore, the City of Farmington, Minnesota, does ordain as follows. (B) Statement of Purpose: The purpose of this Section is to maintain the community's eligibility in the national flood insurance program codified as 44 Code of Federal Regulations parts 59-78, as amended and to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (C) Warning of Disclaimer of Liability: This Section does not imply that areas outside of the floodplain district or land uses permitted within such districts will be free from flooding and flood damages. This Section shall not create liability on the part of the City of Farmington or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decisions lawfully made hereunder. (D) General Provisions: l . Adoption of Floodplain Maps: The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this section. The attached material shall include the "Flood Insurance Study For Dakota County, Minnesota and Incorporated Areas" and flood insurance rate map panels therein numbered 27037CO204E, 27037CO208E, 27037CO209E, 27037CO212E, 27037CO214E, 27037CO216E, 27037CO217E, 27037CO218E, 27037CO219E, 27037CO236E, 27037CO238E, 27037C0356E and 27037C0360E, all dated December 2, 2011, and prepared by the federal emergency management agency. The official zoning map shall be filed in the Office of the Zoning Administrator. 2. Lands To Which Section Applies: This section shall apply to all lands designated as zone AE or zone A within the jurisdiction of Farmington as shown on the official zoning map and/or the attachments thereto. 3. Interpretation: The boundaries of the floodplain district shall be determined by GIS or scaling distances on the official floodplain zoning district map. Where interpretation is needed as to the exact Farmington Zoning Code 11 Special/Overlay Zoning Districts Page 248 of 403 location of the boundaries of the floodplain district, the City Engineer shall make the necessary interpretation based on elevations on the regional (100-year) flood profile, if available, the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance or on the date of the first national flood insurance program map showing the area with the 100-year floodplain if earlier, and other available technical data. If 100-year flood elevations are not available, the community shall: a) require a floodplain evaluation consistent with subsection (F) of this Section to determine a 100-year flood elevation for the site; or b) base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the floodplain. 4. Abrogation and Greater Restrictions: It is not intended by this Section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail. All other ordinances inconsistent with this Section are hereby repealed to the extent of the inconsistency only. 5. Severability: If any section, clause, provision, or portion of this Section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Section shall not be affected thereby. 6. Annexations: The flood insurance rate map panels adopted by reference into subsection (D)1 of this Section may include floodplain areas that lie outside of the corporate boundaries of the City of Farmington at the time of adoption hereof. If any of these floodplain land areas are annexed into the City of Farmington after the date of adoption hereof, the newly annexed floodplain lands shall be subject to the provisions of this Section immediately upon the date of annexation into the City of Farmington. (E) Conflict with Preexisting Zoning Regulations and General Compliance: The Floodplain District as Overlay Zoning District: The floodplain zoning district shall be considered an overlay zoning district to all existing land use regulations of the community. The uses permitted in subsection (F) of this Section shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this section shall apply in addition to other legally established regulations of the community and where this Section imposes greater restrictions, the provisions of this Section shall apply. 2. Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended, repaired, maintained, Farmington Zoning Code 12 Special/Overlay Zoning Districts Page 249 of 403 converted, or structurally altered without full compliance with the terms of this section and other applicable regulations which apply to uses within the jurisdiction of this section. Within the floodway and flood fringe, all uses not listed as permitted uses in Subsection (F) of this Section shall be prohibited. In addition, a caution is provided here that: (a) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Title and specifically subsections (F) and (N) of this Section; (b) Modifications, repair, maintenance, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this title and specifically Subsection (K) of this Section; and (c) As built elevations for elevated structures must be certified by ground surveys as stated in Subsection (1) of this Section. (F) Permitted Uses, Standards, and Floodplain Evaluation Criteria: 1. Permitted Uses in the Floodplain: The following uses of land are permitted uses in the floodplain district: (a) Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment. (b) Any use of land involving the construction of new structures, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure or obstructions such as fill or storage of materials or equipment, provided these activities meet two conditions. First, they are located in the flood fringe portion of the floodplain. Second, that compensatory flood storage volume is provided equal to the amount of fill proposed. The compensatory volume shall be provided between the impacted area and the channel in such a way to prevent an increase in the existing or future regional flood profile. These uses shall be subject to the development standards in Subsection (F)2 of this Section and the floodplain evaluation criteria in Subsection (F)3 of this Section for determining floodway and flood fringe boundaries. (c) Travel trailers and travel vehicles are regulated by Subsection (N) of this Section. 2. Standards for Floodplain Permitted Uses: Farmington Zoning Code 13 Special/Overlay Zoning Districts Page 250 of 403 (a) Fill and Slopes: Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The federal emergency management agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation; FEMA's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (b) Setbacks: Setbacks for floodplain alterations, fill, and new underground utilities, such as water, sanitary and storm sewers and interceptors, gas lines, phone lines, and pipelines shall be established and used along major waterways. These setbacks shall be established as follows. The exception is for utilities that need to reach or cross the major waterway, provided the minimum impact alignment is used. (1) Where a major waterway has a sinuous flow pattern and a meander belt can be identified, the setback for new underground utilities shall be set back 15 feet from the outer edge of the meander belt. (2) Where a sinuous flow pattern and meander belt are not readily identifiable because of past channel alterations and/or the geomorphology of the channel, the setback established for new underground utilities shall provide for the potential for restoration and a sinuous flow pattern as follows. (3) Where there are existing encroachments that limit full restoration of the stream to the meander widths appropriate for the stream type, the setback shall be 15 feet from the reasonably achievable restoration width for the meander belt given the existing encroachments. (4) Where full restoration is possible, the setback shall be 15 feet from a meander belt width established along the stream reach that has a width 10 times the bank full channel width. An assessment of the stream type may be completed, and meander belt widths established according to the stream type, in place of using the above 10 times formula. Note: The 2012 Vermillion River Watershed Monitoring and Assessment Report provides assessment of the stream type for many reaches of the Vermillion River. Farmington Zoning Code 14 Special/Overlay Zoning Districts Page 251 of 403 (5) Where buffers are required, aboveground encroachments, alterations, and fill shall be consistent with the prohibited and allowed uses and widths specified in the buffer standard. (c) Projects Altering Floodplain Boundaries: Projects that result in an increase to the 100-year flood stage for activities in the floodway, such as bridge crossings and regional ponds that increase upstream high water levels are allowed provided that: (1) The applicant submits easements or other documentation in a form acceptable to the city or the VRWJPO demonstrating and recording the consent of the owner of any land affected by the increased high water levels, (2) The action is consistent with other portions of these standards; and local, state and federal regulations, and a conditional and final letter of map revision is secured from the federal emergency management agency when required by 44 Code of Federal Regulations, Section 60.3 (c) or (d), and (3) The upstream impacts, riparian impacts and habitat impacts of the proposed action are analyzed and no detrimental impacts result, or adverse impacts are mitigated. (d) Storage of Materials and Equipment: (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation. (e) Adverse Impact: Floodplain alteration or filling shall not cause a net decrease in flood storage capacity below the projected 100- year critical flood elevation unless it is shown that the proposed alteration or filling, together with the alteration or filling of all other land on the affected reach of the water body to the same degree of encroachment as proposed by the applicant, will not cause high water or aggravate flooding on other land and will not unduly restrict flood flows. (f) Above Regulatory Flood Protection Elevation: All new structures shall be constructed with the lowest floor elevated on fill at or above the regulatory flood protection elevation, which is more restrictive than the minimum elevations and standards as specified in state of MN Rules Chapter 6120.5800, subdivision 4.13: shoreland and floodplain management; Dakota County Farmington Zoning Code 15 Special/Overlay Zoning Districts Page 252 of 403 ordinance 50: shoreland and floodplain ordinance: FP, floodplain district; as applicable. (g) Projects: Projects involving development, redevelopment, or the subdivision of land, shall establish flood storage, flowage, and drainage easements over areas below the 100-year critical flood elevation of any public water, public waters wetland, or wetland. (h) All Uses: Uses that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the floodplain shall not be permitted unless granted a variance by the board of adjustment. In granting a variance, the board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist. (i) Commercial And Manufacturing Uses: Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. (j) On Site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) on site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and 2) new or replacement on site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on -site sewage treatment systems shall be determined to be in compliance with this Section. (k) Anchored Foundations: All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 3. Floodplain Evaluation: Farmington Zoning Code 16 Special/Overlay Zoning Districts Page 253 of 403 (a) Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the floodplain district, the Zoning Officer shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development and whether the proposed use is located in the floodway or flood fringe and the regulatory flood protection elevation for the site. Procedures consistent with MN Rules, 1983, parts 6120.5600 (technical standards and requirements for floodplain evaluation) and 6120.5700 (minimum floodplain management standards for local ordinances) shall be followed during the technical evaluation and review of the development proposal. In a zone AE on the flood insurance rate map panel adopted in subsection (D)1 of this Section, the floodway and flood fringe boundaries shall be as shown on the flood insurance rate map. (b) The Zoning Officer shall submit one copy of all information required by this subsection (F) to the respective Department of Natural Resources' area hydrologist for review and comment at least 20 days prior to the granting of a permit or manufactured home park development/subdivision approval by the community. The Zoning Officer shall notify the respective department of natural resources area hydrologist within 10 days after a permit or manufactured home park development/subdivision approval is granted. (G) Utilities, Railroads, Roads and Bridges in the District: 1. Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be floodproofed in accordance with the state building code or elevated to above the regulatory flood protection elevation. 2. Public Transportation Facilities (Including Railroad Tracks, Roads And Bridges): Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (H) Subdivisions: 1. City Engineer Review for Suitability: Noland shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the city engineer for reason Farmington Zoning Code 17 Special/Overlay Zoning Districts Page 254 of 403 of flooding, inadequate drainage, water supply or sewage treatment facilities. The City Engineer shall review the subdivision/development proposal to ensure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities. 2. Evaluation: In the floodplain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in Subsection (F) of this Section. The City Engineer shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in Subsection (F) of this Section. 3. Access Roads: For all subdivisions in the floodplain, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. 4. Removal of Special Flood Hazard Area Designation: The federal emergency management agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (1) Administration: 1. Permit Required: A permit issued by the City Engineer shall be secured prior to the construction, addition, alteration, rehabilitation (including normal maintenance and repair) or modification of any building or structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the placement of an obstruction within the floodplain. 2. State and Federal Permits: Prior to granting a permit or processing an application for a variance, the City Engineer shall determine that the applicant has obtained all necessary state and federal permits. 3. Certification of Lowest Floor Elevations: The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill Farmington Zoning Code 18 Special/Overlay Zoning Districts Page 255 of 403 and building elevations were accomplished in compliance with the provisions of this title. The City Engineer shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the floodplain district. 4. Notifications for Watercourse Alterations: The City Engineer shall notify, in riverine situations, adjacent communities and the commissioner of the department of natural resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to MN Statute Chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago regional office of the federal emergency management agency (FEMA). 5. Notification to FEMA When Physical Changes Increase or Decrease The 100-Year Flood Elevation: As soon as practical, but not later than six months after the date such supporting information becomes available, the City Engineer shall notify the Chicago regional office of FEMA of the changes by submitting a copy of said technical or scientific data. (J) Variances: 1. Definition; Applicability: A "variance" means a modification of a specific permitted development standard required in an official control including this title to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. 2. Board Action: The Board may authorize upon appeal in specific cases such relief or variance from the terms of this title as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. 3. When Allowed: Variances from the provisions of this Section may be authorized where the Board of Adjustment has determined the variance will not be contrary to the public interest and the spirit and Farmington Zoning Code 19 Special/Overlay Zoning Districts Page 256 of 403 intent of this title. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection than the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection. The following additional variance criteria of the federal emergency management agency must be satisfied: (a) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) Variances shall only be issued by a community upon: 1) a showing of good and sufficient cause, 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 3) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Copies of Application: The board shall submit by mail to the commissioner of natural resources a copy of the application for proposed variance sufficiently in advance so that the commissioner will receive at least 10 days' notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the commissioner of natural resources within 10 days of such action. 5. Appeals: Appeals from any decision of the board may be made, and as specified in this community's official controls and also MN Statutes. 6. Flood Insurance Notice and Recordkeeping: The Zoning Officer shall notify the applicant for a variance that: a) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and b) such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the national flood insurance program. (K) Nonconformities: A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in Farmington Zoning Code 20 Special/Overlay Zoning Districts Page 257 of 403 conformity with the provisions of this Section may be continued subject to the following conditions: l . No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 2. Any structural alteration to a nonconforming use in the floodway or flood fringe which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in Subsections (K)3 and (K)6 of this Section. A structural addition to a nonconforming structure must be located outside of the floodway and must be elevated on fill to the regulatory flood protection elevation in accordance with Subsection (F)2 of this Section. 3. The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure over the life of the structure shall not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50% of the current market value of the structure, then the structure must meet the standards of Subsection (F) of this Section for new structures. 4. If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this title. 5. If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of 50% or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Section. The City Engineer may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this Section. 6. If "substantial improvement" occurs, as defined in Section 10-2-2 Zoning Definitions of this Title, for any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the Farmington Zoning Code 21 Special/Overlay Zoning Districts Page 258 of 403 building addition and the existing nonconforming building must meet the requirements of this Title. (L) Penalties for Violation: A violation of the provisions of this Section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance) shall constitute a misdemeanor. 1. In responding to a suspected ordinance violation, the Zoning Officer and local government may utilize the full array of enforcement actions available to it including, but not limited to, prosecution and fines, injunctions, after the fact permits, orders for corrective measures or a request to the national flood insurance program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the national flood insurance program. 2. When an ordinance violation is either discovered by or brought to the attention of the Zoning Officer, the Zoning Officer shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate department of natural resources and federal emergency management agency regional office along with the community's plan of action to correct the violation to the degree possible. 3. The Zoning Officer shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Officer may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Zoning Officer may either: (a) Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (b) Notify the responsible party to apply for an after the fact permit/development approval within a specified period of time not to exceed 30 days. 4. If the responsible party does not appropriately respond to the Zoning Officer within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The Zoning Officer shall also upon the lapse of the specified response period notify the landowner to restore Farmington Zoning Code 22 Special/Overlay Zoning Districts Page 259 of 403 the land to the condition which existed prior to the violation of this chapter. (M) Amendments: All amendments to this Section, including revisions to the official floodplain zoning district map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The floodplain designation on the official floodplain zoning district map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the floodplain. Changes in the official zoning map must meet the federal emergency management agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10 days' written notice of all hearings to consider an amendment to this Section and said notice shall include a draft of the ordinance amendment or technical study under consideration. (N) Travel Trailers and Travel Vehicles: Travel trailers and travel vehicles that do not meet the exemption criteria specified below shall be subject to the provisions of this Section and as specifically spelled out below: 1. Exemption: Travel trailers and travel vehicles are exempt from the provisions of this Section if they are placed in any of the areas listed in Subsection (N)2 of this Section and further they meet the following criteria: (a) Have current licenses required for highway use. (b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it. (c) The travel trailer or travel vehicle and associated use must be permissible in any preexisting, underlying zoning use district. 2. Areas Exempted for Placement of Travel/Recreational Vehicles: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium type associations. 3. Additions and Accessory Structures: Travel trailers and travel vehicles exempted in subsection (N)2 of this Section lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00) for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in Farmington Zoning Code 23 Special/Overlay Zoning Districts Page 260 of 403 Subsection (F) of this Section. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. 4. Subject to Floodplain Provisions: New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following: (a) Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe districts provided said trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation determined in accordance with the provisions of Subsection (F)3 of this Section and proper elevated road access to the site exists in accordance with subsection (F) of this Section. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or regional flood. (b) All new or replacement travel trailers or travel vehicles not meeting the criteria of Subsection (N)4(a) of this Section may, as an alternative, be allowed if in accordance with the following provisions: The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Subsections (N)1 (a) and (N)1(b) of this Section will be met. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Subsection (F) of this Section. 10-8-3: SHORELAND MANAGEMENT REGULATIONS (A) Purpose and Authorization: Purpose: The uncontrolled use of shorelands affects the public health, safety and general welfare by contributing to the pollution of public waters, negative impacts on fish and wildlife habitat, and by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the Farmington Zoning Code 24 Special/Overlay Zoning Districts Page 261 of 403 state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related resources. The City of Farmington hereby recognizes this responsibility. 2. Statutory Authorization: This Section is adopted pursuant to the authorization and policies contained in MN Statutes Annotated, Chapter 103F, Minnesota regulations, parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in MN Statutes Annotated, Chapter 462. (B) General Provisions: 1. Jurisdiction: The provisions of this Section shall apply to the shoreland of the public water bodies as identified in Subsection (D) of this Section. Pursuant to MN Rules, parts 6120.2500-6120.3900, flowage less than 10 acres in size is exempt from the requirements under this Section. 2. Application: This Section shall apply to any applicant for a subdivision approval, or permit for grading, excavation, or mining in shoreland areas issued after July 15, 2002. This Section applies to all land located within the defined shoreland. 3. Abrogation and Greater Restriction: It is not intended by this Section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail. All other sections of this Code inconsistent with this Section are hereby repealed to the extent of the inconsistency only. 4. Compliance: The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this Section and other applicable regulations. 5. Interpretation: In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 6. Severability: If any section, clause, provision, or portion of this Section is adjudged unconstitutional or invalid by a court of competent Farmington Zoning Code 25 Special/Overlay Zoning Districts Page 262 of 403 jurisdiction, the remainder of this Section shall not be affected thereby. (C) Administration: 1. Variances: The Planning Commission shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Subsection (C)2 of this Section shall also include the summary of the public record/testimony and the findings of fact and conclusions that support the issuance of the variance. 2. Notifications to the Department of Natural Resources: Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the Commissioner of the Department of Natural Resources or the Commissioner's designated representative and postmarked at least 10 days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner of the Department of Natural Resources or the Commissioner's designated representative and postmarked within 10 days of final action. 3. Mandatory EAW: An Environmental Assessment Worksheet consistent with MN Rules, Chapter 4410 must be prepared for projects meeting the thresholds of MN Rules, part 4410.4300, subparts 19a, 20a, 25, 27, 28, 29, and 36a. (D) Shoreland Classification System and Land Uses: 1. Shoreland Classification System: The public waters of the City of Farmington have been classified below consistent with the criteria found in MN Rules, part 6120.3300, and the protected waters inventory map for Dakota County, Minnesota. (a) Agricultural Rivers (1) Vermillion River a. Location: T. 1 13N, R. 20W, Section 1 and T. 114 N, R. 19W, Sections 29, 30, and 31 And R. 20W, Section 36 (b) Tributary Rivers/Streams* (1) North Creek Farmington Zoning Code 26 Special/Overlay Zoning Districts Page 263 of 403 a. Location: T. 1 14N, R. 20W, Sections 3, 4, 8, 9, 10, 11, 12, 13 and T. 1 14N, R. 19W, Sections 18, 19, and 30 (2) Middle Creek a. Location: T. 1 14N, R. 19W, Section 30 and T. 1 14N, R. 20 W, Sections 15, 16, 17, 21, 22, 25 and 26 (3) South Creek a. Location: T. 1 14N, R.20W, Sections 19, 20, 29, 32, 33, 34, 35, and 36 (c) *All protected watercourses in the City of Farmington shown on the protected waters inventory map for Dakota County, a copy of which is hereby adopted by reference, not given a classification above shall be considered "tributary". (d) The shoreland area for these water bodies shall be shown on the official zoning map (or official zoning overlay map). 2. Land Uses for Rivers and Streams Shoreland: (a) The land uses for the given classifications of water bodies shall comply with Table 10-8-3.1 below as well as the uses underlying zoning district; the more restrictive shall apply. P = Permitted use C = Conditional use Blank cell = Prohibited use Table 10-8-3.1 Land Uses for Rivers and Streams Shoreland Use Agricultural Tributary Single -unit detached dwelling P P Twin home, two -unit, and three- to four -unit dwellings P P Residential PUD C C Commercial C C Commercial PUD* C C Solar Power Facilities (principal use) C C Parks/historic sites P P Public/Semipublic C C Industrial C Agricultural: cropland and pasture P P Farmington Zoning Code 27 Special/Overlay Zoning Districts Page 264 of 403 Use Agricultural Tributary Agricultural feedlots: New Agricultural feedlots: Expansion or resumption of existing C C Forest management P P Extractive use C C * Limited expansion of a commercial PUD involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of the city's PUD requirements are satisfied. (b) Interpretation: (1) When an interpretation question arises about whether a specific land use fits within a given "use" category, the Planning Commission shall decide the issue. (2) When a question arises as to whether a land use district's boundaries are property delineated on the official zoning map, this decision shall be made by the City Council. (E) Zoning and Water Supply/Sanitary Provisions: Lot Area and Width Standards: (a) Rivers/Stream Lot Width Standards: (1) There is no minimum lot size requirement for rivers and streams. The lot width standards (in feet) for single, duplex, triplex, and quad residential lots created after the date of enactment of this section for the river and stream classifications are Table 10- 8-3.2: Table 10-8-3.2 River and Stream Lot Width Standards Agricultural Tributary 150 75 225 115 300 150 375 190 (2) Residential subdivisions with dwelling unit densities exceeding those in the table above can only be allowed if designed and approved as residential planned unit developments. (b) Special Provisions for Planned Unit Developments (PUDs); Farmington Zoning Code 28 Special/Overlay Zoning Districts Page 265 of 403 (1) Processing of PUDs: Planned unit developments in the Shoreland District must be processed as a conditional use and comply with the provisions of this section in addition to those standards outlined in Section 10-8-1 Planned Unit Development Overlay. When there is a conflict in requirements, the more stringent of the requirements shall be applied. (2) Density Determination: Proposed new or expansions to existing planned unit developments in the Shoreland District must be evaluated using the following procedures: a. Identify Density Analysis Tiers. Divide the project parcel into tiers by drawing one of more lines parallel to the ordinary high water level at intervals of 300 feet, proceeding landward. b. Calculate Suitable Area for Development. Calculate the suitable area within each tier by excluding all wetlands, bluffs, or land below the ordinary high water level of public waters. c. Determine Base Density. i. For residential PUDs. divide the tier width by the minimum single residential lot width. ii. Lot width standards must be met at both the ordinary high water level and at the building line. iii. These standards assume that publicly owned sewer system service is available to the property. d. Determine if the Site can Accommodate Increased Density: Increases to the dwelling unit or dwelling site base densities are allowed up to the maximum density seen in the table below if all design criteria are met as well as the following standards are met: i. Structure setbacks from the ordinary high water level are increased to at least 50% greater than the minimum setback: or ii. The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least 25% greater than the minimum setback. Farmington Zoning Code 29 Special/Overlay Zoning Districts Page 266 of 403 Table 10-8-3.3 Shoreland Density Tiers Shoreland Tier Maximum Density Increase within each Tier (percent) 1 Sf 50 2nd 100 3rd 200 4th 200 5'h 200 (3) Design Criteria. All PUDs in the Shoreland must meet the following design criteria. a. General Design Standards i. All residential planned unit developments must contain at least five dwelling units or sites. ii. Dwelling units or dwelling sites must be clustered into one or more groups and located on suitable areas of the development. iii. Shore recreation facilities must be centralized and located in areas suitable for them based on a suitability analysis. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment. may be provided for use by occupants of dwelling units or sites located in other tiers. iv. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf -on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. v. Accessory structures and facilities, except water oriented accessory structures, must meet the required structure setback and must be centralized. Farmington Zoning Code 30 Special/Overlay Zoning Districts Page 267 of 403 2 b. Open Space Requirements: i. Open space must constitute at least 50% of the total project area and must include: I. Areas with physical characteristics unsuitable for development in their natural state: II. Areas containing significant historic sites or unplatted cemeteries. ii. Open space may include: I. Outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; II. Non-public water wetlands. iii. Open space shall not include: Dwelling sites or lots, unless owned in common by an owners association; II. Dwelling units or structures, except water -oriented accessory structures or facilities; III. Road rights -of -way or land covered by road surfaces and parking areas; IV. Land below the OHWL of public waters; and V. Commercial facilities or uses. Placement, Design and Height of Structures: (a) Placement of Structures on Lots: (1) When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. (2) Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shoreline buffer area. (3) Structures and onsite sewage treatment systems shall be set back (in feet) from the ordinary high water level as follows: Farmington Zoning Code 31 Special/Overlay Zoning Districts Page 268 of 403 Table 10-8-3.4 Ordinary High Water Level Setbacks Water Structures Sewered Sewage Classification Unsewered Treatment Systems Agricultural 100 100 100 river Tributary 100 50 75 river/stream a. Where averaging is allowed, structure setbacks cannot be less than 50% of the minimum setback. (b) Design Criteria for Structures: (1) Water Oriented Accessory Structures: Each lot may have one water oriented accessory structure not meeting the normal structure setback requirements of this section if this water oriented accessory structure complies with the following provisions: a. The structure or facility must not exceed 10 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point. b. The setback of the structure or facility from the ordinary high water level must be at least 10 feet. c. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf -on conditions. d. The roof may be used as a deck with safety rails but must not be enclosed or used as a storage area. e. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. (2) High Water Elevations: Structures must be placed in accordance with any floodplain regulations applicable to the site. (3) Structures Without Water Oriented Needs: Structures without water oriented needs must be placed on non -riparian lots, or be double the structure setback, or screened from view from public waters by vegetation, topography, or both. Farmington Zoning Code 32 Special/Overlay Zoning Districts Page 269 of 403 3. Shoreland Buffer Areas: (a) Application: For lots of record created after July 15, 2002, a buffer area shall be maintained abutting all rivers and streams. Buffer vegetation shall be established and maintained in accordance with the requirements that follow. (b) Buffer Area Vegetation Requirements: Where acceptable natural vegetation exists in buffer areas, the retention of such vegetation in an undisturbed state is required unless approval to replace such vegetation is received. A buffer has acceptable vegetation if it: (1) Has a continuous, dense layer of perennial grasses that has been uncultivated or unbroken for at least five consecutive years; or (2) Has an overstory of trees and/or shrubs that has been uncultivated or unbroken for at least five consecutive years; or (3) Contains a mixture of the plant communities in Subsections (E)3(b) (1) and (E)3(b) (2) of this Section that has been uncultivated or unbroken for at least five years. (c) Maintenance of Buffer Areas: Buffers shall be staked and protected in the field prior to construction unless the vegetation and the condition of the buffer are considered inadequate. Existing conditions vegetation will be considered unacceptable if: (1) Topography or sparse vegetation tends to channelize the flow of surface water. (2) Some other reason the vegetation is unlikely to retain nutrients and sediment. (d) Requirements for Replanting: Where buffer vegetation and conditions are unacceptable, or have been cultivated or otherwise disturbed within 10 years of the permit application, or where approval has been obtained to replant, buffers shall be replanted and maintained according to the following standards: (1) Buffers shall be planted with a native seed mix approved by MnDOT, BWSR, NRCS or the Dakota SWCD, with the exception of a onetime planting with an annual nurse or cover crop. Plantings of native fortis and grasses may be substituted for seeding. All substitutions must be approved by the city. Groupings/clusters of native trees and shrubs, of species and at densities appropriate to site conditions, shall also be planted throughout the buffer area. (2) The seed mix and planting shall be broadcast/installed according to MnDOT, BWSR, NRCS or Dakota SWCD specifications. The selected seed mixes and plantings for Farmington Zoning Code 33 Special/Overlay Zoning Districts Page 270 of 403 permanent cover shall be appropriate for the soil site conditions and free of invasive species. (3) Buffer vegetation (both natural and created) shall be protected by erosion and sediment control measures during construction. (4) During the first five full growing seasons, except where the City has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than 90%. The owner or applicant must assure reseeding or replanting if the buffer changes at any time through human intervention or activities. (5) No fertilizer shall be used in establishing new buffer areas. (6) Applicants may obtain from the city a set of standard seeding and planting specifications for buffer areas, which meet all the city requirements. (e) Buffer Identification: Buffer areas shall be identified by permanent monumentation acceptable to the City. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each 300 feet of wetland edge. (f) Vegetation Clearing or Removal: The clearing and removal of vegetation in the buffer area is prohibited, except for selective clearing and pruning of individual trees that are dead, diseased, noxious weeds, or hazards. Owners are encouraged to leave dead trees and branches in the buffer area, because they are part of the native natural environment and provide necessary habitat to many birds and native wildlife. (g) Dumping in Buffer Areas: Dumping yard waste in buffer areas, including leaves and grass clippings, is prohibited by this Section. (h) Determination of Buffer Areas: All buffer areas are measured from the ordinary high water level as marked in the field. (i) Minimum Buffer Areas: Buffers shall be established adjacent to major waterways as shown and classified on map 1 - Vermillion River watershed attached to the VRWJPO standards, and as described for the various classifications below. (1) Conservation corridor; lower reach (Vermillion River downstream of Biscayne Avenue): 150 foot average, 100 foot minimum measured from the edge of the meander belt of the river. (2) Conservation corridor; upper reach (Vermillion River upstream of Biscayne Avenue and South Branch Vermillion River): 150 Farmington Zoning Code 34 Special/Overlay Zoning Districts Page 271 of 403 foot average, 100 foot minimum measured from the edge of the meander belt of the river. (3) Aquatic corridor; principal connector: Required buffer width 100 foot average, 65 foot minimum measured from the edge of the meander belt of the river. (4) Aquatic corridor; principal connector with trout stream designation: 100 foot, no averaging, as required by the NPDES general construction permit. (5) Aquatic corridor; tributary connector: 50 foot average, 35 foot minimum, plus two feet for every 1 % of slope measured from the edge of the meander belt of the tributary. (6) Water quality corridor: 30 foot average, 20 foot minimum where there is a flow path for concentrated surface runoff measured from the centerline of the flow path. (j) Buffer Averaging: The City may recommend buffer averaging for buffers in areas designated manage 1, manage 2 or greenway corridors in instances where it will provide resource protection to a valuable adjacent upland habitat, or allow for reasonable use of property, provided that the total buffer area on site contained in the buffer area remains the some. No buffer averaging is allowed for trout stream buffers. (k) Public Trail Exemption: Public trails that are routed through stream buffers for specific interpretive purposes shall be exempted from this requirement. (1) Maximum Width: If the area of the buffer has a preconstruction slope of 12% or greater, the buffer shall be at the maximum width for the applicant's stream classification. The use of a meandering buffer area to maintain a natural appearance is encouraged, but not required in areas of flat topography. (m) Stream Buffer Area Mitigation: Where alteration of a stream buffer area is approved and mitigation is required, mitigation must result in equal or improved buffer function and value. Mitigation plans must address water quality protection and wildlife habitat. The following criteria shall be required for stream buffer area mitigation: (1) Buffer Replacement: Buffers must be required at a one to one (1:1) ratio. The buffer requirement associated with the stream classification will be required for the replacement buffer, unless replacement is occurring adjacent to a stream with a higher classification. In this case, the buffer area requirement for the higher stream classification will apply. Farmington Zoning Code 35 Special/Overlay Zoning Districts Page 272 of 403 (2) Mitigation Goals: Mitigation shall be equal to or shall improve buffer function and value. The function and value will include protection of water quality and provision of wildlife habitat. (3) Wildlife Diversity: Mitigation involving the buffer area shall provide landscaping for nesting, food for wildlife, wildlife cover, and utilize a diversity of native flora (trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity. (4) Trout Streams: Mitigation in buffer areas along trout streams shall require landscaping that protects trout habitat, such as trees, shrubs, and tall native grasses that shade the stream. (5) Area of Mitigation: Stream buffer mitigation should be undertaken on site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should occur outside the subwatershed, elsewhere in the city. (6) Buffer Plantings: Stream buffer area plantings that are completed for mitigation shall meet the standards for plantings specified in Subsection (E)4 of this Section. 4. Shoreland Alterations: Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (a) Vegetation Alteration: (1) Standards: Removal or alteration of vegetation, except of agricultural uses as regulated in Subsection (E)7 of this Section is allowed subject to the following standards: a. Intensive vegetation clearing within the shore zone and on steep slopes is prohibited. b. In shore impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water oriented accessory structures or facilities, provided that: i. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf -on conditions, is not substantially reduced; ii. Existing shading of water surfaces is preserved along rivers; and Farmington Zoning Code 36 Special/Overlay Zoning Districts Page 273 of 403 iii. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. (2) Exemption: Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Subsection (E)5 of this Section are exempt from this Subsection. (b) Topographic Alterations/Grading and Filling: (1) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. (2) Public roads and parking areas are regulated by Subsection (E)5 of this Section. (3) Notwithstanding Subsections (E)4(b) (1) and (E)4(b) (2) of this Section, a grading and filling permit will be required for: a. The movement of more than 10 cubic yards of material on steep slopes or within shore or bluff impact zones; and b. The movement of more than fifty 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. c. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. (4) Conditions for Approval: The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: a. Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*: i. Sediment and pollutant trapping and retention; Farmington Zoning Code 37 Special/Overlay Zoning Districts Page 274 of 403 ii. Storage of surface runoff to prevent or reduce flood damage; iii. Fish and wildlife habitat; iv. Recreational use; v. Shoreline or bank stabilization; and vi. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. vii. *This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a Watershed District, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; f. Fill or excavated material must not be placed in a manner that creates an unstable slope; g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater; h. Fill or excavated material must not be placed in bluff impact zones; i. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes Annotated, Section 105.42; Farmington Zoning Code 38 Special/Overlay Zoning Districts Page 275 of 403 j. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; k. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within 10 feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. 5. Placement of Roads, Driveways, and Parking Areas: (a) Design Requirements: Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Applicants shall provide documentation by a qualified engineer establishing that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. (b) Setbacks: Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. (c) Shore Impact Zones: Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within the shore impact zones provided the vegetative screening and erosion control conditions of this subsection are met. For private facilities, the grading and filling provisions of this Section must be met. 6. Stormwater Management: (a) Natural Drainageways: When possible, existing natural drainageways, wetland, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. (b) Reduction of Runoff Volumes: Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff, velocities, erosion potential, and reduce the delay runoff volumes. Disturbed areas must be stabilized and protected Farmington Zoning Code 39 Special/Overlay Zoning Districts Page 276 of 403 as soon as possible and facilities or methods used to retain sediment on the site. (c) Design Criteria: When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities, such as diversion, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. (d) Impervious Surface Coverage: Impervious surface coverage of lots must not exceed 25% of the lot area. (e) Documentation Required: When constructed facilities are used for stormwater management, documentation must be provided by a qualified engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district. (f) Stormwater Outfalls: New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 7. Agricultural Use Standards: (a) General Requirements: General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified engineer or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. (b) Animal Feedlot Standards: Animal feedlots must meet the following standards: (1) New feedlots must not be located in the shoreland or watercourses or in bluff impact zones, and must meet a minimum setback of 300 feet from the ordinary high water level of all public water basins; and (2) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further Farmington Zoning Code 40 Special/Overlay Zoning Districts Page 277 of 403 encroach into the existing ordinary high water level setback or encroach on bluff impact zones. 8. Extractive Use Standards: Extractive uses are conditional uses and must meet the following standards: (a) Site Development and Restoration Plan. A site development and restoration plan must be developed, approved, and followed over the course of operation. The Plan must: (1) Address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations; (2) Identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion; and (3) Clearly explain how the site will be rehabilitated after extractive activities end. (b) Setbacks for Processing Machinery. Processing machinery must meet structure setback standards from ordinary high water levels and from bluffs. (F) Nonconformities: All legally established nonconformities as of the date of this Section may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repairs after damage, discontinuance of use and intensification of use. When a nonconforming structure in the shoreland district with less than 50% of the required setback identified in Subsection (E)2 of this Section from the water is destroyed by fire or other peril to greater than 50% of its estimated market value, as indicated in the records of the County Assessor at the time of damage, the structure setback may be increased if practical and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or body of water. 1. The following apply to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements of Subsection (E)1 of this Section. A municipality shall regulate the use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas according to the following: (a) A nonconforming single lot of record located within the shoreland area may be allowed as a building site without variances from lot size requirements, provided that: (1) All structure and septic setback distance requirements can be met; Farmington Zoning Code 41 Special/Overlay Zoning Districts Page 278 of 403 (2) A type 1 sewage treatment system consistent with MN Rules, Chapter 7080, can be installed or the lot is connected to public sewer; and (3) The impervious surface coverage does not exceed 25% of the lot. (b) In a group of two or more contiguous lots of record under common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1) The lots must be at least 66% of the dimensional standard for lot width and lot size for the shoreland classification consistent with MN Rules, Chapter 6120; (2) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a type 1 sewage treatment system consistent with MN Rules, Chapter 7080, and local government controls; (3) Impervious surface coverage must not exceed 25% of each lot; and (4) The development of the lot must be consistent with an adopted comprehensive plan. (c) A lot subject to Subsection (F)1 (b) of this Section not meeting the requirements of Subsection (F)1(b) of this Section must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (d) Notwithstanding Subsection (F)1 (b) of this Section, contiguous nonconforming lots of record in shoreland areas under common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of MN Statute Section 115.55 and MN Rules, Chapter 7080, or connected to a public sewer. (e) In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation designed actions. (f) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the Farmington Zoning Code 42 Special/Overlay Zoning Districts Page 279 of 403 2 lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. Additions/Expansions to Nonconforming Structures: (a) Structure Additions: All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height and other requirements of Subsection (E) of this Section. Any deviation from these requirements must be authorized by a variance. (b) Deck Additions: Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if the following criteria and standards are met: (1) The structure existed on the date the structure setbacks were established; (2) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; (3) The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and (4) The deck is constructed primarily of wood and is not roofed or screened. Farmington Zoning Code 43 Special/Overlay Zoning Districts Page 280 of 403 TITLE 10 ZONING CHAPTER 9: USE -SPECIFIC STANDARDS 10-9-1: ACCESSORY STRUCTURE (A) Any accessory structure over 200 square feet requires a building permit. (B) In residential districts: 1. No more than one type of each structure (detached garage, storage shed, and accessory apartment where allowed) shall be allowed on a single lot, so long as the structures do not exceed the approved lot coverage. 2. Detached garages (a) Detached garages shall not exceed 20 feet in height and shall meet the following size standards: R-1 R-2 R-3 I R-4 I R-D Lots up to Lesser of 1,000 square feet or Lesser of 1,000 square 0.5 acre square feet of principal feet or square feet of structure principal structure Lots 0.5 Lesser of 1,250 square feet or to 1 acre square feet of principal structure Lots 1.0 Lesser of 1,500 square feet or acre + square feet of principal structure (b) Detached garages shall be constructed of similar materials as the principal structure. 3. Storage sheds: (a) Storage sheds shall not exceed 12 feet in building height and 240 square feet. (b) Storage sheds shall be anchored to the ground. 4. Accessory structures shall be located behind the principal structure in the side or rear yard and at least 10 feet away from any structure. In addition, accessory structures shall meet the following setbacks: R-1 R-2 R-3 R-4 R-D Minimum side setback 6 ft. 6 ft. 6 ft. 6 ft. 3 ft. Minimum rear setback (alley) 6 ft. 10 ft. 3 ft. 6 ft. 10 ft. Farmington Zoning Code Use -Specific Standards Page 281 of 403 R-1 R-2 R-3 R-4 R-D Minimum rear setback (no alley) 3 ft. 3 ft. 5. Accessory structures over 240 square feet require a foundation or floating slab. 6. Accessory structures at 1,000 square feet and above require frost footings and foundation. (C) In commercial and industrial districts: 1. Accessory structures shall be constructed of similar materials as the principal structure. 2. Accessory structures shall be located in the rear or side yard and shall meet the applicable zoning district setback standards. (D) In the A-1 District, the following minimum setbacks shall apply to accessory structures: 1. Front yard: 50 ft. 2. Side yard: 20 ft. 3. Rear yard: 20 ft. 10-9-2: BEES ON URBAN RESIDENTIAL LOTS (A) Administrative Permit Required: An administrative permit shall be required for the keeping of honey bees upon a property less than two and one- half acres in size and developed with a single -unit dwelling within a residential zoning district. The keeping of honey bees on lots two and one-half acres and larger are regulated under Section 6-4-2 of this Code. An administrative permit application must be submitted to the planning department with a fee, as established by the City Council. Upon receipt of the administrative permit application, all adjacent property owners will be notified of the application. Supporting information/documents to be submitted to the Planning Department with an administrative permit application are: 1. Number of colony hives to be kept on the premises. The beekeeper must live on the property where the colony hives are kept. 2. Detailed site plan of the lot on which the colony hives are to be kept. The site plan shall show the lot dimensions, location of the colony hives, setbacks of the colony hives to property lines, setbacks of the colony hives from dwelling units, decks, patios, swimming pools, or other outdoor living spaces on adjacent properties, and the location, length, and materials of proposed flyway barriers. Farmington Zoning Code 2 Use -Specific Standards Page 282 of 403 3. Proof of completion of a beekeeping basics course through the University of Minnesota Bee Lab or a local beekeeper club/association within 12 months of the date of the application or proof of three or more consecutive years of actual beekeeping experience, established by substantiated evidence thereof, within five years immediately preceding the date of application. The Planning Department shall have the final determination if the education requirements are met or if additional evidence or education is needed. 4. Any other information the Planning Department deems necessary to evaluate the application for compliance with the requirements of this section. (B) Duration of Permit: An approved permit shall be valid for one year and must be renewed every year from its date of issuance. (C) Performance Standards: 1. The number of colony hives permitted on a lot is determined as follows: Lot Area Number of Colonies Less than 0.5 acres 2 0.5 to 2.49 acres 4 2.5 acres or more No restriction 2. Colony hives are only allowed in the rear yard. 3. Colony hives shall observe the following setbacks: (a) 20 feet from any property line or five feet if the property line abuts a stormwater pond/wetland area with no adjacent trails. (b) 30 feet from decks, patios, swimming pools, or other outdoor living spaces on adjacent properties. 4. If a colony hive is kept within 25 feet of a property line of the apiary site or within 35 feet of a dwelling unit, deck, patio, swimming pool, or other living space on an adjacent lot, a flyway barrier of at least six feet in height shall be required in accordance with the following requirements: (a) The flyway barrier shall either be a stone wall, solid fence, dense vegetation or combination thereof, in order that honey bees must fly over, rather than through, the material to reach the colony. The flyway barrier shall be constructed of high quality, durable materials and follow any other applicable city code provisions herein. Farmington Zoning Code 3 Use -Specific Standards Page 283 of 403 (b) If a flyway barrier is proposed to be dense vegetation, the initial planting may be four feet in height, so long as the vegetation reaches six feet in height or higher within two years of planting. The vegetation shall provide dense screening from six inches from grade to the top of the vegetation year-round. (c) The flyway barrier shall either continuously run parallel to the apiary site's property line for a distance of 10 feet in both directions in front of each hive entrance side or the flyway barrier shall surround three sides of the hive including the entrance and both sides of the hive to force the colony to go up and out of the hive rather than go straight, left, or right. 5. Colonies shall be kept in hives with removable frames and kept in good condition. 6. Each hive shall be continuously managed to provide adequate and healthy living spaces to prevent swarming. 7. All beekeeping equipment shall be kept in good condition and unused equipment shall be stored indoors. 8. Each colony shall be provided with a source of clean water. 9. For each colony allowed, there may also be one nucleus hive in a hive structure not to exceed one standard nine and five -eighth (9- 5/8) inch depth 10 frame hive body with no supers. 10. If a colony exhibits frequent aggressive behavior, the beekeeper shall take immediate action to address and correct it, including replacing the queen, if necessary. 11. Fruit trees and other flowering trees may not be sprayed while in full bloom with any substance harmful to honey bees. (D) Inspection: Upon issuance of the permit and full set up of the first hive, the permit holder shall permit the City to inspect the apiary lot. The apiary lot shall be inspected each time a renewal permit is received. The apiary lot may be inspected at any reasonable time to ensure compliance with this Section. (E) Termination: 1. An approved permit shall be terminated and the colony hives shall be removed from the apiary lot if any of the following occurs: (a) The permit expires without a renewal application being received. (b) The City finds a violation of the approved permit or this Section. (c) Failure to allow the city to inspect the apiary lot. Farmington Zoning Code 4 Use -Specific Standards Page 284 of 403 (d) The keeping of honey bees in an unlawful manner so as to constitute a public nuisance or to otherwise adversely affect the health, safety, or general welfare of the public. (e) A transfer of ownership of the property. 2. Any hive not removed after a permit has been terminated shall be deemed a public nuisance and may be abated pursuant to Section 6-6-2 of this Code. 10-9-3: BED AND BREAKFAST (A) Intent and Purpose: The city recognizes that bed and breakfasts are an asset to the community and help the preservation of historic structures because the expense of owning and maintaining historic structures has made them less suitable for single -unit dwellings or businesses. Conversion of historic structures into multi -unit uses is usually determined by the neighborhood where it is located. It is therefore the intention of the city to limit bed and breakfast uses to those structures where the use would benefit the surrounding area by allowing appropriate adaptive reuse of historic structures. (B) Standards: 1. The structure is listed on the National Historic Register, designated on the city's list as a Farmington heritage landmark or identified as an historically significant property by the heritage preservation commission. 2. The bed and breakfast shall be occupied by the owner or an agent of the owner. 3. At least two off street parking spaces shall be provided on site for the owner or manager and one additional parking space per rental unit. Parking spaces shall be hard surfaced with concrete or asphalt and shall be well drained. The parking shall not be located between the front face of the principal structure and the street. 4. The dining facilities shall not be open to the public and shall be used exclusively by the registered guests unless allowed as a separate permitted or special use. 5. A maximum of five bed and breakfast units may be established in a structure and at least one bedroom must be reserved for the property owner(s) or agent. 6. The owner of the bed and breakfast shall maintain a guest register showing the name, address, motor vehicle license number, and inclusive dates of visits of all guests. No guest shall be permitted to rent accommodations or remain in occupancy for a period in excess of 14 calendar days during any consecutive 90 day period. Farmington Zoning Code 5 Use -Specific Standards Page 285 of 403 7. The structure and performance of the operation of the bed and breakfast and residence shall comply with all local, county, and state regulations. 8. The facility shall obtain all applicable local, county, and state licenses as required for food service, lodging, and other service provided at, or in conjunction with, the facility. 9. All rental units shall be established within the principal structure. This requirement may be waived if the planning commission determines that an existing accessory structure is suitable for use as a bed and breakfast unit. The waiver shall be included with the conditional use permit. 10. The Planning Commission may modify standards or require additional standards that are site specific in order to assure the compatibility of the bed and breakfast activities with the neighborhood in which it is located. 11. The Planning Commission reserves the right to review the conditional use permit annually and either continue or modify the conditions of the permit. 12. The Planning Commission reserves the right to terminate the conditional use permit any time the owner fails to adhere to the standards or conditions established by this section or contained in the conditional use permit. 13. All bed and breakfasts shall obtain a bed and breakfast license from the City of Farmington prior to commencing operation. Licenses shall be renewed annually to ensure that all provisions of initial approval are satisfied. 10-9-4: CANNABIS BUSINESS (A) Cannabis Cultivation: 1. All cannabis cultivation businesses must provide evidence of a state license under MN Statute 342.14 and be in compliance with the provisions of the Zoning Code, City Code, and all applicable state laws and regulations. (B) Cannabis Or Hemp Manufacturing: 1. All cannabis or hemp manufacturing businesses must provide evidence of a state license under MN Statute 342.14 and be in compliance with the provisions of the Zoning Code, City Code, and all applicable state laws and regulations. (C) Cannabis Retail: Farmington Zoning Code 6 Use -Specific Standards Page 286 of 403 1. Hours of operation for cannabis retail uses shall be between 8:00 A.M. and 10:00 P.M. Monday through Saturday and between 10:00 A.M. and 9:00 P.M. on Sundays. 2. All cannabis retail businesses must provide evidence of a state license under MN Statute 342.14 and be in compliance with the provisions of the Zoning Code, City Code, and all applicable state laws and regulations. (D) Lower Potency Hemp Edible Retail: Lower potency hemp edible retail uses shall be prohibited between the hours of 2:00 A.M. and 8:00 A.M. Monday through Saturday and between 2:00 A.M. and 10:00 A.M. on Sundays. 2. All lower potency hemp edible businesses must provide evidence of a state license under MN Statute 342.14 and be in compliance with the provisions of the Zoning Code, City Code, and all applicable state laws and regulations. 10-9-5: CHICKENS ON URBAN RESIDENTIAL LOTS (A) Administrative Permit Required: An administrative permit shall be required for the keeping of any hen chickens upon a property less than two and one-half acres in size and developed with a single -unit dwelling. The keeping of chickens on lots two and one-half acres and larger are regulated under Section 6-4-2 of this Code. An administrative permit must be submitted to the Planning Department with a fee as established by the City Council. Upon receipt of the administrative permit all adjacent property owners will be notified of the application. Supporting information/documents to be submitted to the planning division with an administrative permit application are: 1. Number of chickens to be kept on the property. 2. Site plan or property survey showing the proposed location of the chicken coop and/or chicken run on the subject property. 3. To scale building plan, including elevations, of the proposed coop and/or run and exterior finish materials and construction methods. 4. Any other information the Zoning Administrator deems necessary to evaluate the application for compliance with the requirements of this section and this Code. (B) Duration of Permit: A renewal permit will be required to be approved every two years after the initial administrative permit is approved that chickens are kept on an approved residential lot. An application for a renewal permit shall be filed with the city 30 days prior to the expiration of the current permit. The permit may be terminated or not renewed for violations of the ordinance. Farmington Zoning Code 7 Use -Specific Standards Page 287 of 403 1. The renewal permit will be reviewed and approved administratively. The fee for a renewal permit will be established yearly by the City Council. (C) Automatic Termination of Permit: If the owner of hen chickens, who has an approved permit, moves from the premises approved for said hens, the urban chicken permit shall automatically become null and void. (D) Limitation on the Number of Chickens: No person shall keep on any single -unit residential property more than four total hen chickens. (E) Two or More Dwelling Unit Properties: Chickens are not allowed on properties that contain two or more dwelling units. (F) Eggs from chickens kept upon the property to which the permit is issued are for personal use and consumption by the occupants and shall not be offered for sale or sold. (G) No Roosters: No person shall keep roosters, or adult male chickens, on any residentially zoned property less than two and one-half (2'/2) acres in size. (H) No Cockfighting: Cockfighting is specifically prohibited within the city. (1) No Slaughtering: The slaughter of chickens is prohibited on residentially used or zoned properties. (J) Ownership Occupancy: The owner of the chickens shall live on the property on which they are being kept. (K) Confinement: Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the city. Chickens are not allowed to be located in any part of the home and/or garage. (L) Shelter and Enclosure Requirements: Chickens shall be properly protected from the weather and predators and have access to the outdoors in an enclosure or fenced area. The shelter and/or enclosure shall meet all of the following requirements: 1. Any chicken coop and run fencing must be consistent with building and zoning codes. 2. No chicken coop or run shall be constructed on any urban residential lot prior to the time of construction of the principal structure. 3. One chicken coop and/or chicken run will be allowed per residential lot provided the maximum lot coverage of the underlying zoning district is not exceeded. 4. Chicken coops and runs shall not be located in the front or side yards and shall not be placed within any drainage and utility easements found on residential lots. Farmington Zoning Code 8 Use -Specific Standards Page 288 of 403 5. Any chicken coop or run shall be set back at least 25 feet from any principal structure on adjacent lots and a minimum of 10 feet from all property lines. 6. Any chicken coop or run shall be screened from view with a solid fence or landscaped buffer with a minimum height of four feet. All fencing shall be in accordance with Section 10-10-8 of this Title. 7. All chicken coops must have a maximum size of 10 square feet per chicken and must not exceed eight feet in total height. Fenced in chicken runs must not exceed 20 square feet per chicken and fencing must not exceed six feet in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground. Chicken runs must have a protective overhead netting to keep the chickens separated from other animals. 8. Chicken coops must be elevated a minimum of 12 inches and a maximum of 36 inches above grade to ensure circulation beneath the coop. 9. Chicken grains and feed must be stored in a rodentproof container. (M) Conditions/Maintenance and Inspection: No person who owns, controls, keeps, maintains or harbors hen chickens shall permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors to be carried to adjacent public or private property. Any chicken coop and chicken run authorized under this Section may be inspected at any reasonable time by the City. 10-9-6: HOME OCCUPATION (A) The purpose of this Section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods, without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or non -conforming home occupations. (B) Permitted Home Occupation: 1. Any permitted home occupation as defined in this Section, and subject to the performance standards of this section, may be conducted solely within a residential principal or accessory structure without a permit or special approval of the city. 2. Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway Farmington Zoning Code 9 Use -Specific Standards Page 289 of 403 or guest parking area for multiple unit dwellings, where no vehicle is parked closer than 10 feet from the curb line or edge of paved surface. 3. Permitted home occupations include and are limited to: art studio, tailoring, secretarial services, consulting services, professional offices, and teaching with musical, dancing and other instructions which consist of no more than one pupil at a time, and similar uses. (C) Special Home Occupation: Permit Required: Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this Section shall require a "special home occupation permit" which shall be applied for, reviewed and disposed of in accordance with the procedural provisions of an interim use permit pursuant to Section 10-12-6 Interim Use Permit of this Title. 2. Examples of special home occupations include: barber and beauty services, massage therapy, chiropractic office, photography studio, group lessons, small appliances repair, the marketing of non -over the counter brand name products, and the like. 3. Special Home Occupation: The special home occupation may involve any of the following: stock -in -trade incidental to the performance of the service, repair service or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time. 4. Declaration of Conditions: The Planning Commission may impose such conditions on the granting of an interim use permit as may be necessary to carry out the purpose and provisions of this section. 5. Transferability: Permits shall not run with the land and shall not be transferable. 6. Inspections: The City of Farmington hereby reserves the right upon issuing any interim use permit for a home occupation to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this Section or any conditions additionally imposed. (D) General Provisions and Performance Standards: 1. No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. 2. No equipment shall be used in the home occupation, which will create electrical interference to surrounding properties. Farmington Zoning Code 10 Use -Specific Standards Page 290 of 403 3. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. 4. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with the local and State fire and police recommendations. 5. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on site. 6. All vehicle parking required for conduct of the home occupation shall be off-street. Parking/storage of all commercial or non -passenger vehicles used in the home occupation shall be in accordance with Section 10-10-2 Off -Street Parking of this Title. 7. The home occupation shall meet all applicable Fire and Building Codes. 8. No home occupation activity of a non-residential character shall be discernable from the private street with the exception of a two sided, two square foot, non -illuminated sign may be displayed. Said sign shall be set back a minimum of 10 feet from all property lines. 9. Shipments and delivery of products, merchandise or supplies shall be limited to the hours of 8:00 A.M. and 6:00 P.M. and shall regularly occur only in single rear axle straight trucks or smaller vehicles used to serve residential areas. 10. All home occupations shall comply with the provisions of the City nuisance ordinance. 11. No home occupation shall be conducted between the hours of 6:00 P.M. and 7:00 A.M. unless said occupation is contained entirely within the principal building and/or accessory structure space and will not include any on- street parking facilities. 12. No retail sales and delivery of products or merchandise to the public shall occur on the premises except when incidental to the services provided. 13. Home occupations shall not utilize more than 45% percent of the gross floor area of any dwelling unit, inclusive of any detached accessory structure used for the home occupation. 14. Product sales associated with private social events (i.e., "Tupperware" parties) shall be exempt from this section provided they occur no more than four times per year at any given residence. Farmington Zoning Code 11 Use -Specific Standards Page 291 of 403 15. Home occupations must be owned and operated by the owner/lessee of the residential property. (E) Requirements for Permitted Home Occupations: l . Only persons who reside full time in the residence shall be employed by the home occupation. 2. Customers and/or clients from the general retail public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation. 3. All permitted home occupations shall be conducted entirely within the principal or accessory structures. (F) Requirements for Special Home Occupations: l . One employee, who does not reside on the premises may be employed. Additional non-resident employees above the one may be considered and approved on a case -by -case basis by the Planning Commission if it is found by the Planning Commission that circumstances exist that won't compromise the residential integrity of the surrounding neighborhood. In no case may there be more than four (4) additional non-resident employees and all parking for these employees must be accommodated on the subject property. 2. A special home occupation permit may be issued for a period of one year, after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall, however, be processed in accordance with the provisions regarding interim use permits, except that no public hearing is required on the permit renewal, unless deemed necessary by the Planning Commission. However, notice of the permit renewal application must be provided to all property owners of land within 350 feet of the boundary of the property in question. The notice must provide the date of consideration before the Planning Commission and indicate that parties may be heard to consider the application. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within the zoning ordinance. (G) Prohibited Home Occupations: 1. Service, repair or painting of any motorized vehicle, including but not limited to motor vehicles, trailers, boats, personal watercraft, recreational vehicles, and snowmobiles. 2. Dispatch centers where persons come to a site and are dispatched to other locations. 3. Medical or dental clinic. 4. Rental businesses. Farmington Zoning Code 12 Use -Specific Standards Page 292 of 403 5. Contracting, excavating, welding or machine shops. 6. Commercial kennels and veterinary clinics. 7. Tow truck services. 8. Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption by individual households for personal care or household use. 9. Any other use of residential property deemed to be detrimental or inconsistent with the residential character of the neighborhood. 10-9-7: LIMITED COMMERCIAL VENTURE (A) Location And Uses: 1. Limited commercial ventures shall be allowed to be conducted at historic properties. 2. All limited commercial ventures must meet the established performance standards of subsection (B) of this Section; and containing one or more of the following uses: class I restaurants, catering centers, reception facilities, meeting or conference facilities, professional office uses, museums, art galleries, antique shops, craft boutiques, or other uses deemed similar by the Zoning Administrator. (B) Historic Property Performance Standards: In order to be considered eligible for a historic properties limited commercial venture, properties must be in conformance with the following: 1. The applicant demonstrates that the historic characteristics of the property cannot be maintained reasonably and economically unless the conditional use permit is granted. 2. Must be designated or determined eligible for designation as a Farmington heritage landmark, or be on the national register of historic places. 3. Adequately sized to meet the proposed use. 4. Adequately served by municipal services or a septic system with adequate capacity for the proposed use. 5. In conformance with all applicable building and fire codes, and ADA requirements. 6. In conformance with all state and county health regulations. 7. Adequately situated and designed so as to not create a significant traffic impact on adjoining public roadways, and includes safe ingress and egress to the site. 8. Activity areas are appropriately screened from adjoining properties. Farmington Zoning Code 13 Use -Specific Standards Page 293 of 403 9. The property and land use are adequately designed so as not to create an adverse impact on the residential character of the surrounding area. 10. The development meets all applicable commercial site development performance standards. 11. One sign not to exceed 20 square feet. 12. Site improvements meet the city's historic preservation standards and guidelines. 13. A certificate of appropriateness shall be obtained for site work to preserve, rehabilitate, restore or reconstruct historic buildings, structures, landscapes or objects. (C) Applications: All applications for a limited commercial venture conditional use permit shall be processed in accordance with Section 10- 12-5 Conditional Use Permit of this Title with the exception that the Heritage Preservation Commission shall review all limited commercial venture applications and provide a recommendation to the Planning Commission. (D) Standards: The Planning and/or the Heritage Preservation Commission may modify the standards or require additional standards that are site specific in order to assure the compatibility of the activities of the limited commercial venture with the neighborhood in which it is located. (E) Annual Review: The Planning Commission and heritage preservation commission may review the conditional use permit annually and may either continue or modify the conditions of the permit if agreeable by both commissions. (F) Permit Termination: The Planning Commission may terminate the conditional use permit, after review and recommendation from the heritage preservation commission, any time the owner fails to adhere to the standards and conditions established by this section or contained in the conditional use permit. 10-9-8: MANUFACTURED HOME COMMUNITY (A) Manufactured home communities shall meet the following conditions: 1. Platted: Development in which the entire parcel is to be divided into platted lots to be sold individually shall conform to all requirements for subdivisions as set forth in Title 11 of this Code. 2. Unplatted: Development in which sites will be made available for rent shall conform to Section 10-8-1 Planned Unit Development Overlay of this Title. Farmington Zoning Code 14 Use -Specific Standards Page 294 of 403 3. Installation: Approval of manufactured housing developments shall be based upon anchoring and support systems defined and approved by the Minnesota department of administration, building code division, rules of manufactured housing support and tie down systems authorized by MN Statutes Annotated Sections 327.31 and 327.34. 10-9-9: MIXED USE BUILDING (A) Mixed use buildings shall include office, retail, or commercial uses on at least one floor and residential apartments or condominiums on upper floors. 10-9-10: RECYCLING FACILITY (A) Recycling facilities, other than special recycling activity allowed by permit only as described under Section 7-1-3 of this Code, are allowed subject to the following: 1. The facility must not abut a property planned, used, or zoned for residential use. 2. The facility must provide off street parking as outlined in the wholesaling land use category in Section 10-10-2 of this Title. 3. The facility must not store recyclable materials outside of a principal building or accessory building. 4. The facility must restrict hours of operation to 9:00 A.M. to 7:00 P.M. if located within 500 feet of property planned, zoned, or used for residential use. 5. The facility must not be used for dismantling, salvage, or storage of junked vehicles. 6. The facility must follow all municipal, state and federal regulations. 10-9-11: RESIDENTIAL SWIMMING POOL (A) Any permanent or storable outdoor pool, inground or aboveground, intended for swimming, wading, or recreational bathing and having a capacity of 5,000 gallons or more and containing a water depth of 24 inches or more shall require a permit approved by the building inspections division, and must meet the following location restrictions: (B) General: 1. Pools shall not be located within 10 feet (measured horizontally) from underground or overhead utility lines of all types. 2. Pools shall not be located within any private or public utility drainage, walkway, or other easement. Farmington Zoning Code 15 Use -Specific Standards Page 295 of 403 3. Pool lighting shall be directed toward the pool and not toward adjacent property. 4. Fencing (a) Pool area shall be enclosed by a non -climbable type safety fence or barrier at least four feet in height to prevent uncontrolled access to the pool area. The fence shall have a self -closing and self -latching gate with its latch located at least 38 to 42 inches above the ground level. Aboveground pools with walls at least four feet in height above grade shall meet this requirement provided all means of access (ladders, etc.) are removed when not attended. (b) Pools that do not require a permit are exempt from providing a fence or barrier as long as all means of access (ladders, etc.) are removed when not attended. (C) Single -Unit Residential: 1. Pools shall not be located within any required front, side and rear yard setbacks and shall be at least six feet from any principal structure or frost footing. 2. In addition to observing yard setback requirements of each district, the filter unit, pump, heating unit, and any other noisemaking mechanical equipment shall be located at least 25 feet from any residential structure on adjacent property. (D) Multiple -Unit Residential: 1. Water surfaces and pumps, filter, or other apparatus used in connection with the pool shall not be located closer than 50 feet to any property line. 2. Landscaping as outlined in Section 10-10-6 Landscaping of this Title shall be placed between the pool area and adjoining low density residential district property lines. 3. Deck areas, adjoining patios, or other areas used in conjunction with the pool shall be located at least 15 feet from any property line in an adjoining low density residential district. 10-9-12: SEXUALLY ORIENTED BUSINESS (A) Purpose: The purpose of this section is to establish provisions for the opportunity as well as control of sexually oriented businesses within the city of Farmington. (B) General: Sexually oriented businesses as defined in this title shall be subject to the following general provisions: Farmington Zoning Code 16 Use -Specific Standards Page 296 of 403 1. Activities classified as obscene as defined by MN Statutes Section 617.241 are prohibited. 2. Sexually oriented businesses, either principal or accessory, shall be prohibited from locating in any building which is also used for residential purposes. 3. Sexually oriented businesses, either principal or accessory, shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, nonintoxicating malt liquor or wine. 4. A sexually oriented business which does not qualify as a sexually oriented business -accessory, shall be classified as a sexually oriented business -principal. (C) Sexually Oriented Business -Principal Use: 1. Sexually oriented business -principal shall be located at least 300 feet from County State Aid Highways 31 and 50 as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business -principal is located, to the right of way. 2. Sexually oriented business -principal shall be located at least 300 feet, as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business - principal is located, to the property line of: (a) Residentially zoned property. (b) Another sexually oriented business -principal. (c) Schools. (d) Churches. (e) Daycares. (f) Public library. (g) Public parks/trails. (h) On/off sale liquor establishments. 3. "Sexually oriented business -principal" activities, as defined by this title, shall be classified as one use. No two sexually oriented business - principal shall be located in the same building or upon the same property and each business shall be subject to subsections (C)1 and C(2) of this Section. (D) Sexually Oriented Business -Accessory Use: 1. Sexually oriented business -accessory shall: (a) Comprise no more than 10% of the floor area of the establishment in which it is located; provided that the maximum floor area used Farmington Zoning Code 17 Use -Specific Standards Page 297 of 403 for sexually oriented business -accessory may not exceed 1,000 square feet. (b) Comprise no more than 20% of the gross receipts of the entire business operation. (c) Not involve or include any activity except the sale or rental of merchandise. 2. Sexually oriented business -accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access: (a) Movie Rentals: Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator. (b) Magazines: Publications classified or qualifying as sexually oriented shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. 3. Sexually oriented business -accessory activities, including sale or display of instruments, devices or paraphernalia which are used or designed for use in connection with specified sexual activities, shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted. 10-9-13: TELECOMMUNICATION FACILITY (A) Towers, monopoles, and antennas are necessary to facilitate and accommodate the communication needs of the residents and businesses of the city. (B) The purposes of this Section are: l . To provide for wireless telecommunication services for the residents and businesses of the city; 2. To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques; 3. To promote and encourage shared use and collocation of telecommunication towers and antenna support structures so as to reduce the number of towers needed to serve the area; 4. To avoid damage to adjacent properties caused by telecommunication towers and facilities by ensuring that those Farmington Zoning Code 18 Use -Specific Standards Page 298 of 403 structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound. (C) Administration 1. When a permit is required, the permit fee payable shall be such as may be set by the City Council. 2. Permits are Not Required for: (a) Adjustment or replacement of the elements of an antenna array affixed to a tower, monopole or antenna, provided that replacement does not reduce the safety factor. (b) Antennas, towers, monopoles erected temporarily for test purposes, for emergency communication, or for broadcast remote pick up operations, provided that all requirements of this Section are met. 3. Interference with Public Safety Telecommunications: (a) All applications for new telecommunications service shall be accompanied by an intermodulation study prepared by a registered professional engineer which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. (b) Before introduction of new service or changes in existing service, telecommunications providers shall notify the City at least 10 calendar days in advance of such changes and allow the City to monitor interference levels during the testing process. (D) Existing Towers, Monopoles and Antennas: 1. Towers, monopoles and antennas in existence as of the date of adoption hereof which do not conform to or comply with this Section are subject to the following provisions: (a) Towers, monopoles or antennas may continue in use for the purpose now used and as now existing, but may not be replaced or structurally altered without complying in all respects with this Section. (b) If such towers, monopoles or antennas are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower, monopole or antenna may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this section, provided, however, that if the cost of repairing the tower, monopole or antenna would be 10% or more of the cost of a new Farmington Zoning Code 19 Use -Specific Standards Page 299 of 403 tower, then the tower may not be repaired or restored except in full compliance with this Section. (E) Location: 1. Within residential districts, the telecommunication facilities are allowed in the following locations: (a) On properties used for schools, places of worship, public buildings, hospitals, and clinics (b) Towers supporting amateur radio antennas are allowed only in the rear yard. 2. Within the P/OS District, one monopole is allowed within each park with facilities in the P/OS district. 3. Antennas may be mounted on structures that serve other purposes such as light standards, emergency siren poles, or public utility poles provided they conform to all applicable provisions of this code and shall be allowed as a conditional use. Structures must be engineered to withstand the additional load of an antenna. 4. Towers shall conform with each of the minimum setback requirements: (a) A tower/monopole in parks with facilities will be set back 75 feet from the property line except when qualified engineer report specifies that any collapse of pole will occur within a lesser distance. (b) Towers/monopoles in agricultural districts will be set back from the property line four feet for every foot of height exceeding 45 feet. (c) Towers/monopoles in industrial districts will be set back from the property line two feet for every foot of height exceeding 45 feet. (d) In the B-1 and B-2 zoning districts, a monopole will be set back 75 feet from the property line except when a qualified engineer report specifies that any collapse of pole will occur within a lesser distance. (F) Tower, Monopole, and Antenna Design Requirements: 1. Towers, monopoles, and antennas shall be designed to blend into the surrounding environment through the use of color except in instances where the color is dictated by federal or state authorities. 2. No crows nests, platforms, or guywires allowed on a monopole in any approved district except during periods of construction or repair. 3. Antenna arms are to be separated by 10 feet. 4. Tower and monopole height: Farmington Zoning Code 20 Use -Specific Standards Page 300 of 403 (a) Tower and monopoles, including all attached antennas, shall be limited to a maximum height of 200 feet. (b) A monopole in parks with facilities shall be limited to a maximum height of 75 feet. (c) Towers, monopoles or antennas shall be limited to a maximum height of 75 feet for residentially zoned locations. 5. Towers, monopoles, and their antennas shall not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower/monopole for a parking lot or a ball field) or the illumination is specifically required by the federal aviation administration or other authority. 6. Collocation Requirement: (a) Use of existing towers is encouraged and will be exempt from the conditional use process. Permitting will involve the requirements listed in this section. (b) A proposal for a new personal wireless communication service tower/monopole shall not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower/monopole or building within a one-half (1 /2) mile radius of the proposed tower/monopole due to one or more of the following reasons: (1) The planned equipment would exceed the structural capacity of the existing or approved tower/monopole or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower/monopole cannot be reinforced or modified to accommodate planned equipment at a reasonable cost. (2) The planned equipment would cause interference with other existing or planned equipment at the tower/monopole or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost. (3) No existing or approved towers/monopoles or commercial/industrial buildings within a one-half (1 /2) mile radius meet the radio frequency (RF) design criteria. (4) Existing or approved towers/monopoles and commercial/industrial buildings within a one-half (1 /2) mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. Farmington Zoning Code 21 Use -Specific Standards Page 301 of 403 (5) The applicant must demonstrate that a good faith effort to collocate on existing towers/monopoles and structures within a one-half (1 /2) mile radius was made, but an agreement could not be reached. (c) Any proposed commercial wireless telecommunications service tower/monopole shall be designed to allow for future arrangement and rearrangement of antennas upon the tower/monopole and to accept antennas mounted at varying heights. (1) Towers over 75 feet in height shall be designed to accommodate both the applicant's antennas and comparable antennas for at least one additional user. (2) Towers over 100 feet in height shall be designed to accommodate both the applicant's antennas and comparable antennas for at least two additional users. (G) Signs and Advertising: The use of any portion of a tower or monopole for signs other than warning or equipment information signs is prohibited. (H) Construction Requirements: All towers, monopoles, or antennas erected, constructed, or within the City, and all wiring therefor, shall comply with the following requirements: (a) All towers and monopoles erected within the City must conform to the applicable standards in this Code. (b) Towers and monopoles shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Minnesota state building code, the national electrical safety code and all federal communications commission and local regulations. (c) With the exception of necessary electric and telephone service and connection lines approved by the issuing authority, no part of any tower, monopole, or antenna nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right of way, public street, highway, sidewalk, or property line. (d) Towers and monopoles with associated antennas shall be designed to conform to accepted electrical engineering methods and practices and comply with the provisions of the national electrical code. (e) All signal and remote -control conductors of low energy extending substantially horizontally above the ground between a tower, Farmington Zoning Code 22 Use -Specific Standards Page 302 of 403 monopole, or antenna and a structure, shall be at least eight feet (8') above the ground at all points, unless buried underground. (f) Every tower and monopole affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. (g) All towers and monopoles shall be constructed to conform with the requirements of the occupational safety and health administration. (1) Construction and Maintenance of Supporting Towers, Monopoles, and Antennas: Permits: (a) Permit Required: It shall be unlawful for any person to erect, construct in place, place or re -erect, replace, or repair any tower, monopole, or antenna without first making application to the building official and securing a permit therefor as hereinafter provided. (b) Submittal Requirements for Permit: (1) Name, address, and telephone number of the applicant; (2) Name, address, and telephone numbers of the owners of the property on which the tower is proposed to be located; (3) Legal description of the parcel on which the tower is proposed to be located; (4) Written consent of the property owner(s) to the application; (5) A scaled site plan indicating the location, type and height of the proposed tower, the existing land uses and zoning of the subject parcel, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, drawings of the proposed tower showing elevation and other structures, topography, parking, and depicting the proposed tower design; (6) A landscape plan showing specific landscape materials, method of fencing, and finished color and, if applicable, the method of camouflage and lighting; (7) Documentation such as coverage maps showing the need for a tower at the proposed site in order to close a gap in the applicant's wireless telecommunications service, or a gap in the service provided by a person intending to place telecommunications facilities on the tower; (8) An inventory of existing towers, monopoles, antennas, or sites approved for towers, monopoles or antennas, that are either Farmington Zoning Code 23 Use -Specific Standards Page 303 of 403 within the city or are sited in a location from which the applicant could provide service within the city, including specific information about the location, height and design of each tower, monopole or antenna and documentation showing that such existing facilities are unavailable or unsuitable to meet the applicant's need for a tower, monopole or antenna; (9) Separation distance of the proposed tower, monopole or antenna from the other towers, monopoles or antennas described in the inventory of existing sites; (10) A structural engineering report certifying the ability of the tower, monopole or antenna to accommodate collocation of additional wireless service provider facilities and a statement by the applicant regarding accommodation for collocation of additional antennas for future users; (1 1) The setback distance between the proposed tower, monopole or antenna and the nearest platted residential property, and unplatted residentially zoned properties; (12) Proof that all necessary consents or approvals have been applied for from appropriate federal, state or other local agencies; (13) An application fee established from time to time by resolution of the city council. In the event the city elects to consult with its attorney or a radio frequency (RF) engineer in review of the application, the applicant shall be required to fully reimburse the city for all such expenses; (14) Other information deemed by the zoning administrator to be necessary. (J) Antennas Mounted on Roofs, Walls, and Existing Towers/Monopoles: The placement of wireless telecommunications antennas on roofs, walls, and existing towers/monopoles may be approved by the building official, provided the antennas meet the requirements of this Code, after submittal of: 1. A final site and building plan. 2. A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. (K) Accessory Utility Buildings: 1. All utility buildings and structures accessory to a tower/monopole shall be architecturally designed to blend with the surrounding Farmington Zoning Code 24 Use -Specific Standards Page 304 of 403 environment and shall meet the minimum setback requirements of the zoning district in which they are located. 2. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the adjoining neighborhood. (L) Maintenance: Towers, monopoles, and antennas must be maintained in accordance with the following provisions: 1. Tower/monopole owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. 2. Tower/monopole owners must install and maintain towers/monopoles, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electrical safety code and all federal communications commission, state, and local regulations, and in such a manner that they will not interfere with the use of other property. 3. Towers, monopoles, and antenna support structures must be kept and maintained in good condition, order, and repair. 4. Maintenance or construction on a tower, monopole or antenna support structure must be performed by qualified maintenance and construction personnel. 5. All tenants on towers/monopoles must comply with radio frequency emissions standards of the federal communications commission. 6. If the use of a tower/monopole is discontinued by the tower/monopole owner, the tower/monopole owner must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. (M) Inspections: All towers, monopoles or antennas are subject to inspection by the city building inspection department to determine compliance with construction standards. Any deviation from original construction standards for which the permit was obtained shall constitute a violation of this section. 2. Notice of violation will be sent by registered mail to the owner and the owner will have thirty (30) days from the date notification is issued to make repairs. The owner will notify the building inspection department that repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results. Farmington Zoning Code 25 Use -Specific Standards Page 305 of 403 (N) Abandoned or Unused Towers, Monopoles, Antennas or Portions of Towers, Monopoles, Antennas: l . All abandonments or unused towers, monopoles, antennas and associated facilities shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the city planner. In the event that a tower is not removed within 90 days of the cessation of operations at the site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. A permit fee for the abandonment of the tower, monopole, or antenna shall be set by the City Council. 2. Unused portions of towers, monopoles, or antennas above a manufactured connection shall be removed within 90 days of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. Farmington Zoning Code 26 Use -Specific Standards Page 306 of 403 TITLE 10 ZONING CHAPTER 10: DEVELOPMENT STANDARDS 10-10-1: GENERAL BUILDING DESIGN STANDARDS (A) Purpose: The purpose of this Chapter is to establish design standards pertaining to commercial, industrial, mixed use, and multi -unit uses throughout the City. The design standards are intended to do the following: 1. Encourage integrated site planning to create a cohesive, sustainable built environment. 2. Establish architectural requirements for commercial, industrial, mixed use, and multi -unit residential uses. 3. Unify and articulate building facades. 4. Place a strong emphasis on improving the visual aesthetic of the City. 5. Provide for the compatible integration of commercial, industrial, and multi -unit uses throughout the City. 6. Encourage replacement or remodeling of architecturally incompatible buildings. (B) Process: The design standards will be administered through the site plan review process in Section 10-12-4 Site Plan Review of this Title and, if required under the design review process, in Section 2-1 1-5 of this Code. (C) Applicability: All new construction and renovations or additions of existing commercial, industrial, multi -unit, and mixed use buildings in the City will be required to meet the standards in this Chapter, unless otherwise provided. Projects exempt from meeting the standards are those buildings that are comprised of any of the following project types: 1. Interior remodels: 2. One- and two -unit (duplex) residences, twin homes, and townhouses; 3. Normal or routine maintenance and repair of existing structures; 4. Construction that does not require a building permit. 5. Projects within the Downtown Core and Downtown Expansion districts are exempt from this Section. Projects within the Downtown Core and Downtown Expansion districts are subject to the standards under Sections 10-5-5 and 10-5-6. (D) Building Materials and Design: 1. Commercial and Mixed Use Buildings: Farmington Zoning Code Development Standards Page 307 of 403 (a) The exterior materials shall consist of brick, stone, stucco, architecturally treated concrete, cast in place or precast panels, decorative block, vinyl or cement siding or approved equivalent as determine by the City. (b) The following may not be used in any visible exterior application except when specifically permitted by the city in areas with limited public view: (1) Exposed cement ("cinder") blocks; (2) Fabricated metal or pole construction structures, including sheds, warehouses, and industrial buildings constructed either on or off site of corrugated metal panels; (3) Exterior brick that is painted over; or (4) Experimental materials with no proven record of durability or ease of maintenance in the intended application. (c) Metal paneling is allowed as an accessory material but shall not consist of more than 25% of the total building facade. (d) Tilt -up concrete paneling is not permitted. (e) A mix of materials is required to enhance the overall aesthetic of buildings and of the City as a whole. (f) Facade Design: Buildings shall use facade variations to differentiate separately leased commercial spaces. Facade variations shall incorporate modulated and articulated building wall planes and rooflines through use of: (1) Projections, recesses, and reveals expressing structural bays or other aspects of the facade, with a minimum change of plane of six inches. (2) Changes in color or graphical patterns, changes in texture, or changes in building material. (3) Varying parapet heights and designs that demonstrate that the buildings are different from each other and that add interest to the streetscape. (4) Recessed entrances. (5) Building entrances that incorporate elements providing shade from the sun and weather protections for pedestrians. (6) Corners which are distinguishable from the remainder of the building through the use of towers, architectural treatments, arches, roof forms, or size and mass. Farmington Zoning Code 2 Development Standards Page 308 of 403 (g) Transparent glass shall comprise a minimum of 40% and a maximum of 75% of the total wall area of the first floor elevation on any street facade. (h) Transparent glass shall comprise a minimum of 20% and a maximum of 50% of the total wall area on the upper floor elevations of any street facade. Mixed Use Buildings are exempt from this requirement. (i) Windows shall be provided on walls that are adjacent to public or private rights of way, parking lots and sidewalks. False windows are allowed. (j) Awnings/Canopies: Buildings may have awnings/canopies that project over the first floor windows and along the frontage of all building entrances. (1) Projection: Awnings and canopies shall not project more than five feet into the public right of way, except where located above an entrance, in which case the maximum projection shall not exceed eight feet. In no event should an awning or canopy be supported by poles or other structural elements located in the public right of way. (2) Length: Awnings and canopies should emphasize the rhythm of the facade bays, windows and entrances, and shall not continue uninterrupted along the building facade. (3) Height: The bottom of awnings and canopies should be at least eight feet above sidewalk grade. (4) Illumination: Backlit awnings and canopies are not permitted. (5) Inscription: Lettering on awnings and canopies shall comply with Section 10-1 1-5(B). (6) Materials: Awning and canopy materials should be limited to cotton, acrylic or vinyl coated cotton, copper or bronze coated metal, or clear glass. Other materials may be used if approved by the community development department - Awnings shall be designed with a slope. No horizontal awnings are allowed. Structural supports shall be constructed of steel and/or aluminum and shall (if or where visible) incorporate ornamental features. (k) Fronts of Building: Fronts of Buildings: Any building face and yard that abuts a collector or arterial road shall be considered a front and shall reflect a level of aesthetic treatment equal to or greater than that of building faces and yards that abut roads that are not collectors or arterials. 2. Industrial Buildings: Farmington Zoning Code 3 Development Standards Page 309 of 403 (a) Exterior Walls: Exterior walls of buildings to be constructed shall consist of one or more of the following materials and shall receive prior approval of the City: (1) Brick: Size, type, texture, color and placement shall be approved. (2) Stone: Stone shall have a weathered face or shall be polished, fluted or broken face. (3) Concrete Masonry Block: Concrete masonry block shall be those generally described as "customized architectural concrete masonry units" or shall be broken faced brick type units with marble aggregate. All concrete masonry units shall be coated or veneered and approved by the city. There shall be no exposed concrete block on the exterior of any building unless approved by the city. (4) Concrete: Concrete may be poured in place, tilt -up or precast: and shall be finished in stone, brick, textured or coated, with a minimum life expectancy of 10 years. (b) Alternate Materials: Alternate exterior surface materials of pre- engineered metal may be substituted in an amount not to exceed 50% of the exterior wall surface area of each building and the pre-engineered metal shall only be installed on the upper half portion of the building. Other conditions are as follows: (1) Used for housing or screening equipment necessary to the manufacturing operations; (2) Architecturally compatible with the building as a whole as determined by the city planning division; (3) Compliance with any additional screening and/or landscaping requirements of the city; and (4) Modifications are made with prior written approval of the city planning division. (c) Alterations to Buildings: Any alterations to buildings shall meet all requirements of this Chapter. (d) Canopies: Canopies with visible wall hangers shall not be permitted. Design of canopies shall be in keeping with the design of the building and shall be approved by the City prior to construction or alteration. (e) Loading Docks: The design of the loading docks shall be incorporated into the overall design theme of the building and constructed of materials equal to or the same as the principal building. The architectural design shall be continuous and Farmington Zoning Code 4 Development Standards Page 310 of 403 uninterrupted by ladders, towers, fences, and equipment. Businesses that abut County Highway 50 and/or County Highway 31 shall not construct loading docks that front these roadways. (f) Utilities: All buildings and structures shall be served by underground utility distribution facilities. The installation of such utilities shall not change the grade or contour of the city approved grading plan for the site. (g) Fronts of Buildings: Any building face and yard that abuts a collector or arterial road shall be considered a front and shall reflect a level of aesthetic treatment equal to or greater than that of building faces and yards that abut non collector or arterial roads. 3. Multi -unit Residential Buildings: (a) The exterior materials shall consist of brick, stone, stucco, architecturally treated concrete, cast in place or precast panels, decorative block, vinyl or cement siding or approved equivalent as determine by the City. (b) The following may not be used in any visible exterior application except when specifically permitted by the city in areas with limited public view: (1) Exposed cement ("cinder") blocks; (2) Fabricated metal or pole construction structures, including sheds, warehouses, and industrial buildings constructed either on or off site of corrugated metal panels; (3) Exterior brick that is painted over; or (4) Experimental materials with no proven record of durability or ease of maintenance in the intended application. (c) Metal paneling is allowed as an accessory material but shall not consist of more than 10% of the total building facade. (d) A mix of materials is required to enhance the overall aesthetic of buildings and of the City as a whole. (e) Fronts of Buildings: Any building face and yard that abuts a collector or arterial road shall be considered a front and shall reflect a level of aesthetic treatment equal to or greater than that of building faces and yards that abut non collector or arterial roads. 10-10-2: OFF-STREET PARKING (A) General Provisions: Farmington Zoning Code 5 Development Standards Page 311 of 403 I . Use of Parking Area: Required off street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for lease, rent, or sale. 2. Calculating Spaces: When the determination of the number of required off street parking spaces results in a fraction, each fraction of one-half (1 /2) or more shall constitute another space. 3. Floor Area Determination: Floor area is based on 90% of gross floor area, or actual usable area. (B) Required Parking Spaces: l . Number of Spaces: Off-street parking spaces shall be provided in accordance with the specifications of this Section whenever any new use is established or an existing use is enlarged in all districts except the D-C Downtown Core District. Uses in the D-E Downtown Expansion District shall follow the regulations in Section 10-5-5. . Table 10-10-2.1 Parking Requirements Uses Parking Requirements Accessory apartment 1 per dwelling unit Animal clinic 1 per 400 square feet of gross floor area Auto repair, major or minor 1 per bay plus 1 per 300 square feet of gross floor area Auto sales 1 space per 500 square feet of gross floor area for indoor display area Bed and breakfast 1.25 spaces per guest room; other uses within the principal structure calculated separately Brewery, small brewery, distillery, 1 space/1,500 sf of manufacturing, microdistillery, with or without fabrication, processing, or cocktail room or taproom warehouse area Plus 1 space/200 sf of taproom or cocktail room floor area Car wash 6 stacking spaces per wash stall Child daycare center, commercial 1 per classroom, plus additional spaces necessary to accommodate the parking of vans and buses used for client transport by the center and 1 off- street loading space per 5 children Farmington Zoning Code 6 Development Standards Page 312 of 403 Uses Parking Requirements Places of worship, funeral homes 1 per 4 persons of the maximum and theaters capacity in principal assembly room Clinic 1 space per 250 square feet of gross floor area Club 1 per 4 customers to maximum seating capacity Commercial recreation uses 1 per 2 customers to maximum capacity Convenience store, with and 1 per 250 square feet of gross floor without gas area Data center 1 per 3,500 square feet Dwelling, apartment 1.25 per studio or 1 bedroom unit, 1.75 per 2 bedroom unit, 2 per 3+ bedroom unit, 1 additional guest space for every 5 units Dwelling, two -unit and twin home 2 per dwelling unit Dwelling, three/four unit (triplex, 2 per dwelling unit quadplex) Dwelling, townhouse 2 per dwelling unit Dwelling, single -unit 2 per dwelling unit Golf course 2 per hole Greenhouses and nurseries, 1 per 600 square feet of commercial display/sales area Grocery store At least 1 off street parking space for each 200 square feet of floor area up to a total floor area of 10,000 square feet At least 1 off street parking space for each 250 square feet of floor area in a building that has between 10,001 and 30,000 square feet At least 1 off street parking space for each 300 square feet of floor area in a building that has more than 30,000 square feet Farmington Zoning Code Development Standards Page 313 of 403 Uses Parking Requirements Group daycare 1 per every 3 clients Group home 1 per 3 client rooms Health club 1 per 250 square feet Home occupation 2 spaces in addition to the requirement for the dwelling Hospital 1 per 400 square feet of gross floor area Hotel/motel 1.25 spaces per guest room; other uses within the principal structure calculated separately Kennel, commercial 1 per every 250 square feet used for office space Manufacturing/industrial facility 1 per 600 square feet of gross floor area Mechanical sales, service, and 1 per 600 square feet of gross floor repair area Mini storage 1 per 6,000 square feet of indoor storage area plus 2 visitor spaces Mixed use building Uses within the principal structure are calculated separately Non-profit recreational, cultural, 1 per 4 customers to maximum entertainment seating capacity Office 1 per 300 square feet of gross floor area Office showroom 1 per 300 square feet of gross floor area of office and 1 per 500 square feet of gross floor area of showroom Office warehouse Uses calculated separately Personal and professional services 1 per 300 square feet of gross floor area Personal health and beauty 1 per 300 square feet of gross floor services area Public building 1 per 250 square feet of gross floor area Research facility 1 per 600 square feet Farmington Zoning Code Development Standards Page 314 of 403 Uses Parking Requirements Restaurant, brewpub, coffee shop 1 per every 4 customers to maximum seating capacity Retail sales and services At least 1 space for each 200 square feet of floor area up to a total floor area of 10,000 square feet. At least 1 space for each 250 square feet of floor area in a building that has between 10,001 and 30,000 square feet. At least 1 space for each 300 square feet of floor area in a building that has more than 30,000 square feet School- elementary and junior high 1 per classroom plus 1 for every 30 children School - senior high 1 per classroom plus 1 for every 3 children Senior care facility 1 per 3 client rooms Warehousing facility 1 per 2,000 square feet of gross floor area Wholesale business 1 per 2,000 square feet of gross floor area 2. Joint Parking Facilities: Required parking facilities serving two or more uses may be located on the same lot or in the same structure. Conditions required for joint use are: (a) The proposed joint parking space is within 400 feet of the use it will serve; (b) The applicant(s) shall show that there is no substantial conflict in the principal operating hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed; and (c) A properly drawn legal instrument approved by the City Attorney, executed by the parties concerned for joint use of off-street parking facilities shall be filed with the Clerk. Said instrument may be a three or more part agreement including the City. 3. Land Banking of Parking Spaces Farmington Zoning Code 9 Development Standards Page 315 of 403 (a) Additional parking spaces intended for future building expansion or anticipated needs may be required by the City in the form of land banking. (b) Areas to be land banked shall be designed to integrate with existing parking areas for space and aisle design, access points, landscaping provisions, and necessary stormwater control. (c) The approved site plan shall designate land banked parking areas, which shall not be used for achieving required open space standards. (C) Location: l . Location of Off -Street Parking Facilities: Required off street parking shall be on the same lot as the principal building. 2. Other Locations: Parking spaces may be located on a lot other than that containing the principal use with the approval of the board of adjustment. 3. Control of Off -Street Parking Facilities (a) When required off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority for using such property for off street parking shall be filed with the City so as to maintain the required number of off- street parking spaces during the existence of said principal use. (b) No such parking facility at its closest point shall be more than 100 feet from the property nor more than 400 feet from the principal use or building served. 4. Parking in Residential Areas (a) All vehicles shall be parked on a hard surface driveway or parking apron. All parking areas shall maintain a five-foot setback from side and rear property lines, except parcels that have no recorded side and rear drainage and utility easements may have a driveway constructed adjacent to the side and rear property lines. This exception is subject to the submittal of a lot survey and grading plan acceptable to the City Engineer. (D) Design and Maintenance Standards 1. Size of Spaces: Parking spaces shall be a minimum of 9 feet by 18 feet. 2. Grading and Drainage; Surfacing: Prior to issuance of a certificate of occupancy, all parking areas, driveways and loading areas shall be surfaced with asphalt or concrete pavement following the City's engineering standard plates. In the event said surfacing cannot be completed due to weather or seasonal restrictions, a temporary certificate of occupancy may be issued contingent upon the Farmington Zoning Code 10 Development Standards Page 316 of 403 extension of the security or letter of credit required under this Title. All parking lots located in the front of buildings or adjacent to street rights of way shall be curbed. 3. Lighting: Any lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises in any R district. 4. Access Driveways (a) All off-street parking areas shall have access from driveways rather than from public streets. (b) Said driveway access shall be limited to 30 feet in width at the right of way line and 30 feet at the public street paved surface, except that driveways which serve as access for truck off street loading areas in industrial districts shall be 32 feet at the street right of way line along collector streets and 60 feet at the street right-of-way line along local streets. 5. Signs: Signs located in any parking area necessary for orderly operation of traffic movement shall be in addition to accessory signs permitted in other sections of this Code. (E) Plans Submitted to City Engineers: 1. Plans for parking lots shall be submitted to the City Engineer for approval before construction may begin. 2. Such plans shall indicate two -foot contours, paved surfaces, landscaping, drainage structures, lighting and other physical features. 3. Prior to approval of the parking lot plan, the applicant shall submit surety acceptable to the Zoning Officer in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided to guarantee completion and compliance with the plan. (F) Recreational Vehicle Parking: Recreational vehicles parked on residential property shall be registered to the owner or lessee of the property and display a current license and may be parked or stored on the lot as follows: 1. In the front yard, provided they are kept on a hard surfaced driveway. Recreational vehicles may not be parked in front of the principal building on a residential lot. Recreational vehicles may not be parked or stored on public property. Recreational vehicles parked on street right-of-way must comply with Section 9-1-9 of this Code. 2. In the side or rear yard, recreational vehicles shall be parked or stored on asphalt, concrete, or decorative landscape rock. (a) All hard surfaced parking areas in the side or rear yard shall maintain a five-foot setback from the side or rear property lines. Farmington Zoning Code 11 Development Standards Page 317 of 403 (b) All decorative landscape rock parking areas may be located in the side or rear yards abutting the property line. The decorative rock parking areas shall be installed to a depth of four inches and lined with a commercial grade weed preventative mesh under the rock to impede the growth of weeds. No class V (5) rock or gravel is allowed. Edging shall be installed to prevent the rock from spreading from the designated parking area. The designated parking area may not impede the drainage within the side or rear yard utility easements or inhibit access to the easements. (c) The above section shall also apply to utility trailer parking. (G) Commercial Vehicle Parking on Residential Property: No commercial vehicles or contracting or excavating equipment may be parked, stored, or otherwise located on any residential lot within the City except as provided herein: 1. Class I Commercial Vehicles: (a) Class I commercial vehicles may be parked or stored on a residential lot with a minimum lot size of 2.5 acres. The commercial vehicle must be entirely screened from neighboring residential property with a 100% opaque screen consisting of wooden fencing, landscaping, berms, or a combination of the foregoing. A commercial vehicle shall not be parked or stored within 150 feet of any neighboring residential dwelling unit. (b) Class I commercial vehicles may be parked on a residential lot when loading, unloading, rendering a temporary service benefiting the premises or providing emergency services. 2. Class II Commercial Vehicles: Class II commercial vehicles may be parked on a residential lot if used as the resident's primary form of transportation to their job or if associated with a permitted home business. 3. Class I or Class II School Buses: A class I or class II school bus may be parked on a residential lot (Monday through Friday) between the hours of eight thirty o'clock (8:30) A.M. and five o'clock (5:00) P.M. (H) Electric Vehicle Parking 1. Electric vehicle charging stations (EVCS) are allowed in all zoning districts. 2. Number of Required EVCS. (a) All new parking lots, existing parking lots adding more than 25% of additional parking spaces, and parking lots where more than 25% of the parking area is being reconstructed shall provide electric Farmington Zoning Code 12 Development Standards Page 318 of 403 vehicle (EV)-ready parking spaces based on Table 10-10-2.2 below: Table 10-10-2.2. Required EVCS Number of Minimum Minimum Additional Parking Required Installed Required EV- Requirements Spaces EVCS Ready Parking Spaces 1 to 19 None None None 20 to 49 Residential: Two 10% Level 2 or At least one Level 2 stations for higher accessible resident parking parking stall with Non -Residential: access to an One Level 2 installed EV station charger 50 or more Residential: Two 10% Level 2 or At least one Level 1 stations for higher accessible residents. Four parking stall with Level 2 stations for access to an guests. installed EV Non -Residential: charger Two Level 2 stations or higher (b) The Zoning Officer may waive all or a portion of the required EVCS spaces if proof can be provided that: (1) Such spaces will not be used; (2) The cost of installing the EVCS required by this Section exceeds 5% of the total project cost; or (3) If utilities are not reasonably available to project sufficient electrical capacity at the site to power the EVCS. (c) Parking spaces with designated EVCS may be counted toward satisfying minimum off-street parking space requirements. (d) Accessible Spaces. A charging station will be considered accessible if it is located adjacent to, and can serve, an accessible parking space as defined and required by the ADA It is not necessary to designate the EVCS exclusively for the use of vehicles parked in the accessible space, and it shall not count toward required ADA parking requirements. Farmington Zoning Code 13 Development Standards Page 319 of 403 3. General Requirements (a) No EVCS or related infrastructure shall be placed within the public right-of-way unless explicitly approved by the Public Works Director. (b) EVCS shall be set back at least three feet from any property line. The Zoning Officer may reduce or rescind this setback requirement for shared access agreements or pursuant to a finding of necessity and public convenience upon written request from the property owner. (c) The EVCSs shall be located in desirable and convenient parking locations that will serve as an incentive for the use of electric vehicles. Facilities should be able to be readily identified by electric vehicle users and blend into the surrounding landscape/architecture for compatibility with the character and use of the site. (d) Parking lots shall be designed so that EVCS are not located along public streets. (e) EVCS may be located adjacent to designated parking spaces in a garage or parking lot as long as the devices do not encroach into the required dimensions of the parking space (length, width, and height clearances). (f) Mounted EVCS shall be mounted to an adjacent pedestal, wall, or similar structure. Free standing EVCS shall be protected by bollards, structures, or curb. (g) EVCS shall be designed and located so as not impede pedestrian travel. Cords must be retractable or hung sufficiently above any pedestrian surface when not in use and shall not extend across sidewalks or trails during charging. (h) EVCS must be installed per manufacturer specification and must comply with all applicable building codes and relevant ADA requirements. (i) The EVCS must be operational during the normal business hours of the use that it serves. EVCS may be de -energized or otherwise restricted after normal business hours of the use(s) it serves. (j) Site lighting meeting the requirements of Section 10-10-4 Exterior Lighting shall be provided where EVCS is installed. (k) Maintenance. EVCS shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting problems with the equipment or access to it. Farmington Zoning Code 14 Development Standards Page 320 of 403 10-10-3: OFF-STREET LOADING (A) There shall be provided adequate off-street loading space in connection with any structure which requires receipt or distribution of materials by vehicles on a regular basis. (B) Location 1. All loading areas shall be situated on the same lot as the building or use to be served. 2. Where a loading area faces a public street or residential district, the required width of maintained landscaped yard, including plant materials, berms and/or fences, shall be based upon the street classification system as follows: Arterial streets 20 feet Collector streets 15 feet Local collector/industrial 10 feet Local 10 feet (C) Surfacing and Use 3. Loading berths and access driveways shall be surfaced with concrete or bituminous material. 4. Loading berths and access driveways shall not be used for the storage of goods or inoperable vehicles. 10-10-4: EXTERIOR LIGHTING (A) All interior lighting shall be designed and arranged so as to not direct any illumination upon or into any contiguous residential districts. (B) No exterior lighting shall be arranged and designed so as to create direct viewing angles of the illumination source by pedestrian or vehicular traffic in public right of way. (C) Lenses, deflectors, shields, louvers, and prismatic control devices shall be utilized so as to eliminate nuisance and hazardous lighting. (D) Reflected glare from exterior lighting or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. (E) In no case shall reflected glare or spill light exceed five -tenths (0.5) foot- candle as measured on the property line when abutting residential zones and 1.0 foot-candle measured on the property line when such line abuts a similar zone and land. Farmington Zoning Code 15 Development Standards Page 321 of 403 10-10-5: SCREENING (A) General Requirements l . The screening required in this Section shall consist of a fence, landscaping, or earth berm unless otherwise specified and shall not encroach into public right of way. 2. Natural features such as differences in elevation and tree masses may negate the need for manmade screening in certain areas. 3. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection. (B) Screening in All Districts: 1. Screening of Stored Waste Material: Screening shall be required in all districts where waste material is stored other than in an enclosed building. 2. Screening of Roof -Mounted Equipment (a) All new construction in the R-1 (nonresidential uses only), R-2 (nonresidential uses only), R-3 (nonresidential uses only), R-4, B-1, 13- 2, I, downtown (nonresidential uses only), and mixed use zoning districts shall require rooftop equipment to be centrally located, except in cases where the property owner can show that this is not feasible, in which case the most unobtrusive feasible rooftop location shall be used. (b) Screening shall consist of either a parapet wall along the roof edge or an opaque screen constructed of the same material as the building's primary vertical exposed exterior finish. (c) Equipment shall be painted a neutral color. (d) The site plan shall indicate all mechanical rooftop equipment and shall include elevations. 3. Screening of Double Frontage Lots Adjacent to Collector and Minor Arterial Roadways (a) All subdivided land which backs up to a collector or minor arterial street, either at right angles or parallel to the collector or arterial, shall provide for each double frontage lot an additional 20 feet from the edge of the right of way line toward the property in order to allow space for buffering/screening along the rear property line. (b) The developer shall be required to install the screening and this area may be screened by either a six foot high wood fence with landscaping located between the fence and the property line, a Farmington Zoning Code 16 Development Standards Page 322 of 403 berm with landscaping, a hedgerow, or an opaque landscaped screen. (c) The plantings should be installed in order to provide 100% screening of rear buildings from the collector or minor arterial street. (C) Screening in Residential Districts: Screening shall be required in residential districts where: 1. Any off-street parking lot contains more than six parking spaces. 2. Any material and equipment is stored with the exception of recreational equipment or construction material currently being used on the premises. (D) Screening in Downtown: 1. Screening as specified in Section 10-5-5 between a non-residential use or multi -unit residential property and any adjacent residential property shall be required in the D-E District. 2. Screening of Exterior Uses (a) Screening of service yards, loading docks, truck parking areas and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or any combination of these elements. (b) Screening shall block views from public rights of way, private street, public open space, mid -block pedestrian way, and off- street parking areas, and shall be equally effective in winter and summer. (c) Fencing for screening purposes may be installed at a height of up to eight feet, with the approval of a building permit. Fencing used for screening purposes shall only be allowed in the side and rear yards. Chain -link and slatted fencing are prohibited within the downtown commercial overlay district. Fencing on property lines adjacent to established residential uses shall consist of wood or vinyl. 3. Screening of Mechanical Equipment: Mechanical equipment, satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from the public view with materials identical or strongly similar to building materials, or by landscaping that will be effective in winter, or they shall be located so as not to be visible from any public right of way, private street, public open space, mid -block pedestrian way, or off street parking area. In no case shall wooden fencing be used as a rooftop equipment screen. Farmington Zoning Code 17 Development Standards Page 323 of 403 (E) Screening in Mixed Use Districts 1. Screening of service yards, loading docks, truck parking areas, and other areas which tend to be unsightly, shall be accomplished by use of a fence, wall, landscaping, or any combination of these elements - Screening shall block views from public rights of way, private street, and off-street parking areas, and shall be equally effective in winter and summer. 2. Chain link and slatted fencing are prohibited. (F) Screening in Business Districts 100% opaque screening shall be required in business districts where: (a) Any structure or parking is adjacent to and within 100 feet of property zoned for residential use. (b) Any side or rear yard of a business that is across the street from a residential zone. (c) All loading docks; commercial facilities with drive -through services; automotive repair and service; car washes; and other similar high activity uses associated with the building, adjacent to residential districts, shall be screened from adjacent property or street right of way by a six-foot opaque fence or masonry wall. 2. Screening shall consist of: (a) A six- to eight -foot opaque, maintenance -free fence and landscaping; (b) Landscaping and berms; or (c) A combination of both. (G) Screening in Industrial Districts 1. The following elements within the industrial zoning districts shall be screened from view: (a) Any structure, parking, or outdoor storage area located within 100 feet of any property zoned for residential use. Display yards or those yards currently being used for construction on the premises shall be exempt from this requirement. (b) Any side or rear yard that is across the street from a residential zone. (c) Outdoor storage areas shall be screened from view of CSAH 50 and CSAH 31. Screening is not required for outdoor storage areas within any interior lot that is not exposed to CSAH 50 or CSAH 31. (d) Loading dock areas shall be landscaped and/or screened so that the visual and acoustic impacts of their function is fully contained and out of view of adjacent properties and public streets. The Farmington Zoning Code 18 Development Standards Page 324 of 403 required width for a landscaped yard along a local collector/industrial or local street is 10 feet. (e) Trash containers or trash compactors shall not be located within 20 feet of any street, sidewalk or internal pedestrianway and shall be screened by a six-foot masonry wall on three sides of the trash unit. (f) Any articles, goods, materials, incinerators, storage tanks, refuse containers, or like equipment. 2. Required screening shall include either of the two following options: (a) A six- to eight -foot -tall opaque maintenance free fence and landscaping; or (b) Landscaping and minimum six -foot -tall berms; or (c) A combination of both. 3. The design and materials used in constructing a required landscape screen with fence shall be subject to the approval of the Zoning Officer, and meet the following standards: (a) Plant material shall be not located within drainage and utility easement and not closer than five feet from the fence line or property line. (b) Landscape screen plant material shall be in two or more rows and staggered. (c) Shrubs shall be arranged to lessen the visual gaps between trees. Deciduous shrubs shall not be planted more than four feet on center, and/or evergreen shrubs shall not be planted more than three feet on center. (d) Deciduous trees intended for screening shall be planted not more than 40 feet apart. (e) Evergreen trees intended for screening shall be planted not more than 15 feet apart. 4. Landscaping and minimum six foot tall berms. The landscape screen shall follow the requirements in subsection (G)1 of this Section. The slope of the earth berm shall not exceed a three to one (3:1) slope unless approved by the City Engineer. The earth berm shall contain no less than four inches of topsoil. 10-10-6: LANDSCAPING (A) Purpose: The purpose of this landscaping regulation is: 1. To provide vegetation to enhance the architecture of structures and soften and enhance the visual impact of buildings and paved areas. Farmington Zoning Code 19 Development Standards Page 325 of 403 2. To minimize environmental effects of a development on a particular site and surrounding area by providing shade, erosion control, air purification, groundwater recharge, oxygen regeneration and noise, glare, and heat abatement. 3. To protect and preserve the appearance, character, and value of property and thereby promote the general welfare of the City. 4. To buffer conflicting land uses and enhance the quality and appearance of the entire site. (B) Landscape Plan Requirements: Plans for required landscaping in the B-1, B-2, MUCI, MUCK, and I districts and for multi -unit dwellings shall be submitted to the planner for approval before any permits are issued. The plan shall be based on accurate final site plans and consist of a planting plan and exterior lighting plan. A registered landscape architect, registered architect, certified arborist, horticulturist, or landscape designer shall prepare the plan. (C) Landscape Plan Contents: A landscape plan shall include the following information: 1. North point and graphic scale, not less than one inch to 100 feet. 2. The name of the project; developer; owner; and the person who prepared the plan, with their professional designation; and the date and revision dates of the plan. 3. Accurate final grades at two foot contour intervals. 4. The location and dimensions of all existing and proposed structures, parking lots and drives, curbs, sidewalks, refuse disposal areas, fences, storm drainage systems, freestanding electrical equipment, recreational facilities and other freestanding structural features as determined necessary by the City. 5. The location, size, and type of all overhead, at grade, and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscape installation. 6. The location, type, sizes, and quantity of all proposed landscape materials shall be delineated on the plan. Proposed plant material shall be shown at maturity and called out on plan by common name or appropriate key. 7. All plans shall be accompanied by a list or schedule of proposed landscape material, including common and botanical name, the quantity of proposed plants and trees, their height, caliper, or gallon size and any requirements during installation. Farmington Zoning Code 20 Development Standards Page 326 of 403 8. Location of hose connections and other watering sources including the location of irrigation systems. 9. Any existing vegetation proposed to be saved shall be identified by name, quantity and size. Methods of protecting the vegetation must be illustrated and explained. Any existing trees, 12 inch diameter or larger measured at 4.5 feet above ground that are proposed for removal, must be included on the plan. 10. Water permeability test results are required to be shown on the landscape plan. See subsection (E)3 of this Section for testing techniques. (D) General Landscaping: 1. Landscaping Required: All areas not covered by buildings, paved areas, or other acceptable improvements shall be finish graded and installed with turf grass or other acceptable plant material. Any outdoor storage area shall be surfaced to control dust. 2. Developed Uses: In all residential, business, and industrial districts, except in the downtown and mixed -use districts, developed uses shall provide a landscaped yard along all public streets. This yard shall be free from structures, storage, and off-street parking, except for driveways, and shall be at least 10 feet in depth. 3. Business Uses: Where lots or parcels in any nonresidential zoning district are within 100 feet of a residential zoning district (R-1, R-2, R-3, and R- 4) a landscaped yard 10 feet in width shall be installed; the required 100% screening (plant material, fence, etc.), as described in Section 10-10-5- Screening, shall be installed within the landscaped yard. 4. Industrial Uses: (a) Where lots or parcels in any nonresidential zoning district are within 100 feet of a residential zoning district (R-1, R-2, R-3, and R-4) a landscaped yard 25 feet in width shall be installed; the required 100% screening (plant material, fence, etc.). as described in Section 10-10-5 Screening. shall be installed within the landscaped yard. (b) All open spaces shall be dustproofed, surfaced, landscaped, rockscaped, or devoted to lawns. (c) Not less than two-thirds of the required building setback area from any dedicated street shall be landscaped with lawns, trees, shrubs, and walkways. (d) Landscaping shall be installed within 90 days of occupancy or substantial completion of building, whichever occurs first, weather permitting. Farmington Zoning Code 21 Development Standards Page 327 of 403 5. High Density: High density residential developments which range from seven and 60 units per acre shall include at least twenty percent 20% of the parcel as landscaped open space and ten percent 10% of the parcel must be developed for private recreation and/or common open space. 6. New Construction: New business construction in the B-1 Highway Business District shall maintain a minimum of 10% of the site area as landscaped open space devoted to pedestrian use. 7. Off Street Parking: Any off-street parking lot containing more than six parking spaces shall be landscaped along the perimeter of the parking lot as follows: (a) Number of Plant Materials: One tree and three shrubs for every 40 feet of parking lot perimeter installed as close to 40 feet as possible along the parking lot frontage, allowing for utilities and intersection visibility requirements, in order to shade and enhance the appearance of the parking lot. Shrub plantings should be planted in groups of three or more and installed to visually buffer the parking lot and roadway. (b) Minimum Landscape Area: A continuous nonpaved area at least 10 feet in width, shall be located between the edge of the parking lot and the property line. (c) Plant Species: Large canopy trees should be installed to provide shade for parking spaces. Evergreen trees should be used to screen parking lots and interior roadways. Visual buffers shall be a maximum of three feet in height at maturity. No plant material or berm may be located so as to obstruct the sight distance of motorists entering or leaving the site. 8. Parking Lots: Any parking lot containing more than 20 parking spaces shall provide landscaping as follows: (a) Number of Plant Materials: A minimum of one tree and three shrubs for every 20 parking spaces is required. Each interior island shall have at least one canopy tree that does not impede vehicular visibility. (b) Location of Interior Islands: A minimum of one interior planting island for every 20 parking spaces is required and shall be dispersed throughout the parking lot with the final layout design subject to review by the community development department. (c) Interior Planting Island: The planting island shall have a minimum width of eight feet, a maximum length of 16 feet, and a minimum area of 128 square feet. A minimum of 70% of every interior planting island shall be planted with live plant material, such as Farmington Zoning Code 22 Development Standards Page 328 of 403 trees, shrubs, ground cover, or turf grass. The shrubs and ground cover shall be a maximum height of three feet at maturity. The remaining area of the interior planting island shall be covered with an organic mulch. (d) Location of Conduits: In cases where lighting conduits are installed within the interior planting islands, the conduits shall be located along the edge of the curb and not through the middle of the island in order to allow for the installation of plant material. (e) End Islands of Parking Aisles: The end islands of all parking aisles and corners must be a minimum width of eight feet and a maximum length of 16 feet for a single parking aisle or 32 feet for double parking aisles. The end islands shall be landscaped as required above. (f) Concrete Curbing: Concrete curbing is required for parking islands within the parking lot area. (g) Suggested Location of Interior Islands for Safety: Parking lots shall be designed to promote safety for automobile drivers and pedestrians. In designing parking spaces, the driving aisles should be aligned toward the major destination as permitted by topography. This allows for pedestrian traffic to move through the aisles instead of crossing parking bays. One solution to quality parking is to locate a planting island between parked cars and install a sidewalk for easy access to the major destination as permitted by topography. Plantings may be located along the sidewalk to promote an aesthetic approach toward the building. (E) Planting Requirements: 1. Specifications: The minimum planting sizes for all plant material is the following: (a) Evergreen trees: Six feet in height as specified by the American Association of Nurserymen, except for the true dwarf varieties. (b) Ground cover plants: Crowns, plugs, containers, in a number as appropriate by species to provide 50% surface coverage after one growing season. The species must provide 75% to 100% surface coverage after two growing seasons. (c) Medium and large deciduous shade trees: Two inch caliper, as measured six inches above the ground as specified by the American Association of Nurserymen. (d) Shrubs (deciduous and evergreen, including spreader and globe tree forms): 12 inches to 18 inches in height. Farmington Zoning Code 23 Development Standards Page 329 of 403 (e) Small deciduous or ornamental trees: Minimum caliper of one and one-half inches as specified by the American Association of Nurserymen, except for the true dwarf varieties. (f) Sod: As required to provide coverage and soil stabilization. Sod is required in the street side yard or front yard and seeding may be planted within other areas of the yard. (g) Turf and native grass: Seeding as appropriate to provide complete coverage within the first growing season. 2. Landscape Diversity (a) Each of the first three trees planted on a site must be of a different genus. (b) When 20 or more trees are required, no more than 20% of all trees on a site or within a development may be of the same genus. 3. Soil Specifications: The landscape plan must contain results of a water permeability test. A water permeability test is required in order to determine the type of soil the plant material is planted in. This requires a sharp shooter spade dug 18 inches into the ground. Fill the hole with water and if after 18 hours the hole still retains the water, the soil is determined to be too poor for planting. 4. Poor Soil Remedies: If the soil is determined to be too poor for planting, the following two possible remedies are recommended. The first remedy is to install a 10 foot wide raised planting bed in order to provide acceptable planting soil. The height of the bed is the amount of soil it takes to cover the root ball of the plant to a level of two inches above the ball. The bed must be covered with four inches of mulch to provide for moisture retention. A second remedy is to excavate the soil to the depth of the root ball, allowing the root ball to rest on the clay soil. Excavate an area five times the size of the root ball and replace the soil with quality planting soil. This will allow the tree roots to spread into adequate soil and provide an established root system before spreading into the poorer soil. (F) Lot Frontage Tree and Boulevard Tree Species: 1. Prohibited Species: (a) In no cases shall prohibited species be planted as boulevard trees. Prohibited species are defined as the following trees: (1) Ash species (2) Box elder (3) Evergreens (4) Ginkgo (female only) Farmington Zoning Code 24 Development Standards Page 330 of 403 (5) Nondisease resistant elm species (6) Nonhybrid cottonwood species (7) Silver maple (b) In no cases shall prohibited species be planted as lot frontage trees. Prohibited species are defined as the following trees: (1) Ash species (2) Box elder (3) Nondisease resistant elm species (4) Nonhybrid cottonwood species (5) Silver maple 2. Landscape Plan: Developers of new developments must submit a landscape plan to the planning division. The planning division will be responsible for approving appropriate lot frontage and boulevard tree plantings. The lot frontage trees are required in the front yards of lots in new developments. Boulevard trees in new developments shall only be installed on city approved boulevard tree routes. The only exception would be if an agreement is made with a homeowners' association or other such organization where the responsibility to maintain the trees is that of the named organization in perpetuity. (a) Spacing for Lot Frontage and Boulevard Trees: (1) Lot frontage trees in new developments shall be installed on private property in the front yard at a minimum spacing of one tree for every 40 feet of lot frontage or one tree per lot if 40 feet is not feasible. The developer is responsible for installing the lot frontage trees per the landscape plan as required by the development contract. Special planting designs for lot frontage trees need to be approved by the planning division. (2) Boulevard trees in new developments shall be located on city approved boulevard tree routes and be installed at a minimum spacing of one tree for every 40 feet of boulevard frontage or one tree per boulevard frontage if 40 feet is not feasible. The developer is responsible for installing the boulevard trees per the landscape plan as required by the development contract. (b) Location for Lot Frontage and Boulevard Trees: (1) Lot frontage trees in new developments shall be planted by the developer per the development contract on private property eight feet from the front property line and shall be installed in a parallel line to the front property line. Farmington Zoning Code 25 Development Standards Page 331 of 403 (2) Boulevard trees in new developments shall be planted by the developer per the development contract on city approved boulevard tree routes in the center of the city boulevard width between the property line and curb or the sidewalk and curb. The distance trees may be planted from curbs, sidewalks, trails, or pavement shall be no closer than four feet. (3) Distance from Street Corners and Fire Hydrants: No lot frontage tree, boulevard tree, replacement tree, landscape material or fences shall be located within the triangle of visibility, which is the area within a triangle created by measuring from a point on the curb or edge of the street closest to the center of the intersection, down the front curb lines or edge or intersecting streets 30 feet, and connecting their end points with a straight line. No lot frontage tree, boulevard tree, or replacement tree shall be planted closer than 10 feet from any fire hydrant. (4) Utilities: No lot frontage tree, boulevard tree, or replacement tree may be planted within 10 lateral feet of any underground water line or sewer line (sanitary or storm) and two feet from any other underground utility. Gopher State One shall be called to request locations of utilities. (G) Tree Maintenance: 1. The natural resources program is designed to prescribe various levels of maintenance to city boulevard trees located within city boulevards. (a) Planting Requirements: The natural resources division will review all planting of trees and shrubs within "city boulevards", defined as the area between property lines on either side of all streets, avenues, or ways within the City. (b) Replacement of Trees: (1) The city shall be responsible for removing existing boulevard trees that have died, are dying, or sustained severe damage. The city shall replace trees on designated boulevard tree routes. (2) The owner of any lot of record may, at his or her own risk, replace a dead boulevard tree in the front yard of the home outside of side yard drainage and utility easements at eight feet from the property line in front yard drainage and utility easements. (c) Trimming Requirements: The City will be responsible for all trimming of boulevard trees. As these trees are on city property, and are Farmington Zoning Code 26 Development Standards Page 332 of 403 essentially and legally city property, they must be maintained by the City to ensure that they are properly trimmed for structural integrity and disease control measures. (d) Responsibility for Maintenance of Trees: (1) The City will inspect and trim boulevard trees. (2) The homeowner shall be responsible for trimming lot frontage trees or any other trees on private property. (e) Height Standards: Trimming height standards must maintain a 10- foot clearance above any walkway and 14 feet above the roadway. These requirements provide clearance for walkers, snow removal equipment, and solid waste vehicles. (f) Brush from Pruning: The City will not collect any brush resulting from pruning or removal of trees or brush from private property. (g) Emergency Collection of Brush: An emergency brush situation would occur when the public safety officer declares one to exist. Then and only then will the City collect brush generated by residents on private property, as a onetime emergency service. (H) Tree Topping: l . It shall be unlawful as a normal practice for any person to top any street tree, park tree or other tree on public property except as allowed in Section 8-6-10 of this Code. "Topping'' is defined as the severe cutting back of limbs to stubs larger than 3 inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the natural resources division. (1) Pruning, Corner Clearance: Prune branches so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space of 10 feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign. (J) Dead or Diseased Tree Removal on Private Property: Farmington Zoning Code 27 Development Standards Page 333 of 403 The City shall have the right to cause the removal of any dead or diseased trees on private property within the City in accordance with Title 7, Chapter 6 of this Code when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees in the City. The natural resources division will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owners' property tax notices. (K) Removal of Stumps: 1. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (L) Tree Protection in Construction Zones: 1. Specifications: Existing trees and vegetation that are to be saved shall be protected from all construction activities, including earthwork operations, movement and storage of equipment, and materials and dumping of toxic materials. A minimum protection zone shall be established by the installation of temporary fencing around existing vegetation to be preserved, placing the fencing no closer to the trees than their drip lines, and this information shown and noted on the plans. Protective fencing shall be maintained throughout the construction period. Alternative protection measures may be approved by the Zoning Officer. Construction details which indicate special techniques that will be employed to save trees are required for all existing trees for which credit is desired. Existing trees will be counted as fulfilling the landscaping requirements of this section. Trees counted shall be all existing deciduous trees with a trunk size of four inches or larger, measured at four and one-half feet above the ground and all existing evergreen trees measuring five vertical feet or more in height. 2. Replacement: If any of the trees required to be retained or trees planted as part of the landscaping plan should die within a period of two years after completion of the activities associated with construction of the site, the owner of the property must replace the trees within six months at a ratio of one to one with an approved tree having a minimum diameter of two inches measured at a point six inches above the natural grade. Shrubbery or other plantings which die within two years of completion of the activities shall be replaced in kind within six months. Farmington Zoning Code 28 Development Standards Page 334 of 403 (M) Overhead Utility Line Planting Requirements: 1. Location: Overhead utility lines must be located on the landscape plan. In order to allow for maintenance of the lines, if an overhead utility line is located in the rear yard along the property line, the buffer plantings required in the buffer yard shall be installed following guidelines set below. If the overhead utility line is located in the rear yard, but five feet to 10 feet from the property line, the screening and buffer yard plantings shall be installed along the property line with city staff approval. 2. Species: The following guidelines must be considered when planting near overhead utility lines. Considerations should be given to soil conditions, drainage, exposure, growth patterns, and local experience when selecting plant materials. Type Height Where Planted Shrubs Maximum of 15 feet Under overhead lines Small trees Over 15 feet, but under 30 feet At least 15 feet from overhead utility lines Medium trees 30 - 70 feet At least 35 feet from overhead utility lines Large trees Over 70 feet At least 45 feet from overhead utility lines (N) Landscape Guarantee: 1. Guarantee: All new plantings shall be guaranteed for two full years from the time planting has been completed. Plants not alive at the end of the guarantee period shall be replaced. 2. Surety: Prior to approval of the landscape plan, the applicant shall submit surety acceptable to the City Administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided for guaranteeing completion and compliance with the plan. 3. Completion or Bond: A certificate of occupancy shall not be issued until either the landscaping is completed or a bond has been filed. 10-10-7: WOODLAND AND TREE PRESERVATION (A) Intent: It is the intent of the City of Farmington to protect, preserve and enhance the natural environment of Farmington, to encourage a resourceful and prudent approach to the development of wooded Farmington Zoning Code 29 Development Standards Page 335 of 403 areas, and to retain, as far as practicable, substantial existing tree cover. The City recognizes the value of trees and woodlands for improving air quality, protection against wind and water erosion, shade, energy conservation, wildlife habitat, scenic beauty, and protecting the integrity of the natural environment. (B) Applicability 1. Woodland Preservation Plan: A woodland preservation plan shall be submitted to and approved by the City, and implemented in accord with the plan in connection with any of the following: (a) New development in any zoning district. (b) New building construction in any zoning district. (c) Expansion of any existing commercial, industrial or institutional building where an approved tree preservation plan is not on file with the city. (d) Any project for which a city land disturbance permit is required. (e) Any landscape plan as required by Section 10-10-6 Landscaping when significant trees or significant woodlands exist in the proposed construction zone. 2. Woodland Preservation Plan Requirements: The woodland preservation plan shall reflect the developer's best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage and other physical features, so that the fewest significant trees and/or smallest area of significant woodland are destroyed or damaged. The woodland preservation plan shall be a separate plan sheet(s) that include the following information: (a) The name and address of the applicant, and status of the applicant with respect to the land. (b) The name, telephone number(s) and address of the person responsible for tree preservation during the course of the development project. (c) Written consent of the owner of the land, if the applicant is not the owner. (d) Location of the property, including a street address and legal description. (e) Boundary lines of the property with accurate dimensions as established by survey. (f) Location of all existing and proposed structures, roads, utilities and driveways on the site. Farmington Zoning Code 30 Development Standards Page 336 of 403 (g) A tree inventory, indicating the size, species, general health, and location of all existing significant trees, specimen trees, and significant woodlands located within the area to be developed or within the parcel of record. All significant trees and specimen trees must be tagged in the field for reference on the tree preservation plan. These significant trees should be identified on the plan sheet in both graphic and tabular form. (1) Trees that were planted as part of a commercial business such as a tree farm or nursery do not need to be inventoried on an individual basis. A general description of the trees and an outer boundary of the planted area must be provided. The burden of proof shall be on the applicant to provide evidence to support the finding that the trees were planted as part of a commercial business. (h) A listing of the total diameter inches of healthy significant trees inventoried in subsection (B)2(g) of this Section. Dead, diseased or dying trees and invasive tree species do not need to be included in the totals. (i) A listing of the total diameter inches of healthy significant trees proposed to be removed, total diameter inches of healthy hardwood deciduous trees to be removed, total diameter inches of healthy coniferous/evergreen trees to be removed, and total diameter inches of common trees to be removed. (j) Outer boundaries and areas (acres) of all contiguous wooded areas or significant woodlands, with a general description of the natural community type or predominant canopy tree species not meeting the significant tree size threshold. (k) Locations of the proposed buildings, structures, or impervious surfaces. (1) Delineation of all areas to be graded and limits of land disturbance, showing one -foot or two -foot contour intervals. (m) Measures proposed to be implemented to protect significant trees and specimen trees, including required protective measures and any additional protective measures as identified in this Section. (n) Size, species, number, and location of all replacement trees or woodlands to be planted on the property in accord with the tree replacement schedule. Replacement trees or woodlands shall not include invasive tree species. (o) Signature and qualifications of the person(s) preparing the plan. The plan shall be certified by a forester, ecologist, landscape Farmington Zoning Code 31 Development Standards Page 337 of 403 architect, or other qualified professional retained by the applicant. 3. Submission Requirements: The woodland preservation plan shall be submitted with any preliminary plat plan, site plan or landscape plan, as required by the regulations of this Code, or incorporated as part of a grading plan and application for any grading permit as required by this Code. 4. Implementation: All sites shall be staked, as depicted in the approved woodland protection plan, and the required tree protection fencing shall be installed before land disturbance is to commence. The City shall inspect the construction site prior to the beginning of the land disturbance to ensure that protective fencing and other protective measures are in place. No encroachment, land disturbance, trenching, filling, compaction or change in soil chemistry shall occur within the fenced areas protecting the critical root zone of the trees to be saved. (C) Allowable Tree Removal l . Up to 30% of the diameter inches of significant trees on any parcel of land being developed may be removed without replacement requirements. Replacement according to the tree replacement schedule is required when removal exceeds more than 30% of the total significant tree diameter inches. 2. The following types of trees do not need to be included as part of the tally of tree removals: (a) Dead, diseased, or dying trees. (b) Trees that are transplanted from the site to another appropriate area within the city. (c) Trees that were planted as part of a commercial business such as a tree farm or nursery. (d) Invasive tree species. 3. Mitigation: In any development where the allowable tree removal is exceeded, the applicant shall mitigate the tree loss by: (a) Planting replacement trees in appropriate areas within the development in accordance with the tree replacement schedule; or (b) Planting replacement trees on city property under the direction of the parks and recreation director or natural resource specialist; or (c) Paying the City the fee set forth in the fee schedule adopted by City Council by ordinance. The payment shall be deposited into an account designated specifically for tree planting. Farmington Zoning Code 32 Development Standards Page 338 of 403 4. Tree Replacement Calculations: The allowable 30% removal is first credited to the common trees removed, then the conifers, and lastly the hardwood species. 5. The following calculation procedure must be used to determine tree placement requirements: (a) Calculate 30% of the total diameter inches of significant trees on the site. This is the allowable tree removal limit, or the number of inches that can be removed without replacement. (b) Subtract the total diameter inches of common tree species that will be removed from the allowable limit. (c) If there are any allowable inches left, subtract the total diameter inches of coniferous/evergreen tree species that will be removed from the remaining allowable inches. (d) If there are any allowable inches left, subtract the total diameter inches of hardwood deciduous tree species that will be removed from the remaining allowable inches. (e) If at any point in the above calculation procedure the number of inches to be removed exceeds the 30% allowable removal limit, the remaining inches of removal above the allowable limit must be replaced according to the tree replacement schedule in subsection (D) of this Section. (D) Tree Replacement Schedule 1. Tree removals over the allowable tree removal limit on the parcel shall be replaced according to the following schedule: (a) Common tree species shall be replaced with new trees, at a rate of one -eighth (1/8) the diameter inches lost (i.e., 1 inch diameter of replacement trees for each 8 inches of tree diameter lost). Replacement trees must be a minimum of one inch diameter. (b) Coniferous/evergreen species shall be replaced with new trees, coniferous or deciduous, at a rate of one-fourth (1 /4) the diameter inches lost (i.e., 1 inch diameter of replacement trees for each 4 inches of tree diameter lost). Replacement trees must be a minimum of one inch in diameter. Since coniferous species are often sold by height rather than diameter inch, the following conversion formula can be used: (1) Height of replacement coniferous tree/2 = Diameter inches of credit (c) Hardwood deciduous tree species shall be replaced with new hardwood deciduous trees at a rate of one-half (1 /2) the diameter inches lost (i.e., 1 inch diameter of replacement trees for Farmington Zoning Code 33 Development Standards Page 339 of 403 each 2 inches of tree diameter lost). Replacement trees must be a minimum of one inch in diameter. 2. Significant Woodland Replacement: All significant woodlands removed must be replaced by the applicant. The number of replacement trees shall be determined by either of the following methods. Either method of replacement may be used when the number of replacement trees required is equal, or the applicant shall utilize the method that yields the greater number of replacement trees: (a) Replacement of significant trees within the significant woodland that are damaged or destroyed, per the tree replacement schedule described in subsection (C)8 of this section. (b) Replacement for every 125 square feet of significant woodland damaged or destroyed, or increment thereof, with: (1) One deciduous tree of at least four caliper inches or one coniferous tree at least 12 feet tall; or (2) Two deciduous trees of at least 2.5 caliper inches or two coniferous trees at least six feet tall; or (3) Four deciduous trees of at least 1.5 caliper inches or four coniferous trees at least four feet tall. (c) Trees planted to replace significant woodlands must be arranged in stands to provide a habitat similar to the damaged or destroyed habitat. An appropriate native understory seed mix must be planted along with the replacement trees. 3. Species Requirement: (a) Tree shall be replaced with native species. (b) The City must approve all species used for tree replacement. (c) Ornamental trees are not acceptable for use as replacement trees. (d) Where 10 or more replacement trees are required, not more than 30% of the replacement trees shall be of the same genus. (E) Warranty Requirement Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within two years after the date of project closure shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight months of removal. 2. Performance Guarantee: The applicant shall provide the required performance guarantee following preliminary approval of the Farmington Zoning Code 34 Development Standards Page 340 of 403 woodland preservation plan, and prior to any construction and/or grading. The amount of the performance guarantee shall be based on the city's fee schedule. (F) Required Protective Measures: The woodland preservation plan shall identify the measures to be utilized to protect significant trees. The following measures are required to be utilized to protect significant trees: (a) Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees, specimen trees, and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. (b) Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant. (c) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. (d) Removal of any nuisance trees located in the areas to be preserved. 2. Additional Protective Measures: The following measures to protect significant trees that are intended to be preserved according to the submitted tree preservation plan may be required by the City: (a) Installation of retaining walls or tree wells to preserve trees. (b) Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation. (c) Use of tree root aeration, fertilization, and/or irrigation systems. (d) Therapeutic pruning. (G) Incentives For Woodland Protection 1. As an incentive to protect contiguous wooded areas, the city will allow the following: (a) Density Transfer: Density of units that would be allowed in a protected woodland area may be transferred to other areas of the development, in excess of the density limits of the underlying zoning district. In order for the density transfer to be approved, the protected woodland must be an easement dedicated to the City. Farmington Zoning Code 35 Development Standards Page 341 of 403 (b) Tree Bank Areas: Developers that own parcels without trees may dedicate appropriate areas of their plats as "tree bank" areas. These areas would be available to accept trees planted as mitigation for tree removals from other sites. For each acre of "tree bank" area permanently dedicated to the City over and above the normal park land dedication, the developer will be allowed an additional unit above the original unit allocation. The dedication may include establishment of a fund for maintenance of the tree bank, based on the recommendation of the park and recreation director or the natural resource specialist. The areas proposed to be dedicated to a tree bank must be consistent with the city's comprehensive plan provisions for greenway opportunities, park plans, etc., or must be adjacent to or provide an enhancement to existing park facilities. Property dedicated must be usable upland (not wetlands, ponds or utility easements, etc.). The City retains the right to determine whether or not it will accept the property proposed to be dedicated for a tree bank. (H) Compliance with the Woodland Protection Plan: l . The applicant shall implement the woodland preservation plan prior to and during any construction. The woodland protection measures shall remain in place until all land disturbance and construction activity is terminated or until a request to remove the woodland and tree protection measures is made to, and approved by, the City. (a) No significant trees shall be removed until a woodland preservation plan is approved and except in accordance with the approved tree preservation plan as approved by the City. If a significant tree(s) intended to be preserved is removed without permission of the city or damaged so that it is in a state of decline within one year from the date of project closure, a cash mitigation, calculated per diameter inch of the removed/destroyed tree in the amount set forth in the city fee schedule, shall be remitted to the City. (b) The City shall have the right to inspect the development and/or building site in order to determine compliance with the approved woodland preservation plan. The City shall determine whether compliance with the woodland preservation plan has been met. 2. Existing Developed Commercial Properties: (a) Trees that are removed that were part of an approved landscape plan must be replaced in accordance with the original landscaping plan, unless city approval is obtained for an alternative landscape plan. Farmington Zoning Code 36 Development Standards Page 342 of 403 (b) Trees that are removed that were part of a designated woodland preservation area must be replaced in accordance with the tree replacement requirements outlined in this section. The 30% allowable tree removal limit does not apply in these situations. (1) Exceptions 1. Exception Standards: Notwithstanding the City's desire to accomplish the tree protection goals outlined in this Section, there may be instances where these goals are in conflict with other city objectives. These conflicts are most likely to occur on small, heavily wooded parcels. At the discretion of the City Council, exceptions may be granted if all of the following conditions exist: (a) The subject parcel is five acres in size or less. (b) It is not feasible to combine the subject parcel with adjacent parcels that could use the parcel as required green space. (c) Strict adherence to the requirements of this Section would prevent reasonable development that is consistent with the comprehensive plan and desirable to the city on the parcel. (d) The exception requested is the minimum needed to accomplish the desired development. 2. Exception Provisions: If an exception is granted, relief from the requirements of this Section may take the form of reduced mitigation requirements, greater allowable tree removal, higher thresholds for determining significant trees or any combination of the above. The City Council will approve the form of relief that best balances the objectives of the City and tree preservation. 10-10-8: FENCING (A) Fences shall be permitted in all yards subject to the following: (B) Fence Height Residential Districts (a) Four -foot fences may be located on any property line. (b) Fences on interior lots may be six feet in height on the side and rear property lines beginning at the nearest front corner of the principal building. Farmington Zoning Code 37 Development Standards Page 343 of 403 Figure 10-10-8.1 Fence Height Requirements for Interior Lots Area where 6' fence Area where q' fence is permitted is permitted (c) Corner Lots: Fences up to six feet in height may be constructed on the side and rear property lines behind the nearest front corner of the principal building subject to the following: (1) The front corner of the principal building is defined as beginning at the widest point of the structure's front street - facing foundation as determined by its street address. (2) No fence over four feet in height shall be located within the triangle of visibility which is that area within a triangle created by measuring from a point on the curb or edge of the street closest to the center of the intersection, down the front curb lines or edge of the intersecting streets 30 feet, and then connecting these end points with a straight line. (3) When a fence is adjacent to a driveway of a neighboring lot, a five-foot triangle of visibility or a five-foot setback along the streetside shall be provided at the intersecting property lines. Farmington Zoning Code 38 Development Standards Page 344 of 403 Figure 10-10-8.2 Fence Height Requirements for Corner Lots --J 1 �V Area where 6' fence Area where 4' fence is permitted is permitted Area where 6' fence Aroa where 4' fence is permitted is permitted (d) Varying Setbacks: Should the fence be located between principal buildings with varying setbacks on adjacent lots, a fence up to six feet in height may not extend beyond the average setback of the two buildings. (e) Variance: A variance is required for fences over six feet and up to eight feet in height when constructed within the buildable areas of lots in residential districts. 2. Commercial and Industrial Districts (a) Fences located within commercial and industrial districts may be located on any property line up to a height of eight feet except in the required front yard. (C) Building Permit: An application for a building permit is required for all fences exceeding six feet in height. (D) Materials: Fences in all districts, except agricultural, shall be constructed of materials widely accepted in the fencing industry. No plywood boards, canvas, plastic sheeting, metal sheeting, or similar material shall be used for any fence construction. Electric fences are prohibited. (E) Maintenance: All fences shall be maintained in good condition and vertical position, and any missing or deteriorated wood slats, pickets, Farmington Zoning Code 39 Development Standards Page 345 of 403 other fencing material, or structural elements shall be replaced in a timely manner with the same quality of material and workmanship. (F) Downtown District Fencing l . Decorative Fencing: All fencing [with the exception of fencing identified in the screening requirements of Section 10-10-5 Screening] visible from a public right of way, private street, public open space, mid -block pedestrian way, or off-street parking area shall not exceed a height of six feet in the side and rear yards and four feet in the front yards. Decorative fencing shall consist only of the following materials: (a) Wrought iron. (b) Vinyl. (c) Ornamental aluminum. 2. Historic Landmarks: No fencing shall be attached to any historic landmark building or structure. 10-10-9: WETLAND STANDARDS (A) Definitions: WETLANDS: Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: (1) have a predominance of hydric soils; (2) are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) under normal circumstances support a prevalence of such vegetation. This definition does not include wetlands created from uplands either: 1) for stormwater storage and management purposes, or 2) by actions not intended to create the wetland and approved, permitted, funded or overseen by a public entity. WETLAND FUNCTIONS: Physical, chemical, or biological processes or attributes of a wetland - simply something a wetland does. For example, the process of retaining surface water is a commonly cited wetland function. Farmington Zoning Code 40 Development Standards Page 346 of 403 Note: In the definitions that follow, the methodology and criteria for assessing wetlands are based on those detailed in the WI/MN Wetland Rapid Assessment Method or RAM. Wetlands are assessed by 17 wetland functions within five broad categories: Hydrologic, Water Quality, Ecological, Climate, and Anthropogenic. Each function is assigned a rating of Higher, Moderate, Lower, or Not Applicable. The functional rankings are relative, not absolute. A lower rank implies a lower level of a particular wetland function compared to other wetlands of the same hydrogeomorphic class and vice versa for a higher rank. Functional Group Function Hydrologic Surface Water Attenuation Surface Water Supply Groundwater Recharge Water Quality Nitrate Removal Phosphorous Retention Sediment and Pollutant Retention Shoreline Stabilization Temperature Maintenance Ecological Native Plant Habitat Wildlife Habitat Fish Habitat Climate Carbon Sequestration Anthropogenic Historic or Cultural Uses Scientific or Educational Importance Commercial Uses Recreational Uses Scenic Beauty RAM addresses two functional assessment aspects: FUNCTIONAL CAPACITY: The functional capacity of a wetland to perform a specific function based on the observable characteristics of the wetland and its position in the landscape. Farmington Zoning Code 41 Development Standards Page 347 of 403 OPPORTUNITY VALUE: The societal benefit of a wetland to perform a specific function based on both the opportunity to perform the function and the value given the societal context of the wetland. Tier Description Higher Functional capacity or opportunity -value to provide a function is at a higher level relative to other wetlands for a specific function. Moderate Functional capacity or opportunity -value to provide a function is at a moderate level relative to other wetlands for a specific function. Lower Functional capacity or opportunity -value to provide a function is at a lower level relative to other wetlands for a specific function. WETLANDS, PRESERVE: These wetlands provide the highest overall functions relative to other wetlands of the same hydrogeomorphic class. WETLANDS, HIGHER RANKING OVERALL: These wetlands provide higher overall functions relative to other wetlands of the same hydrogeomorphic class. WETLANDS, MODERATE RANKING OVERALL: These wetlands provide moderate overall functions relative to other wetlands of the same hydrogeomorphic class. WETLANDS, LOWER RANKING OVERALL: These wetlands provide the lowest overall functions relative to other wetlands of the same hydrogeomorphic class. (B) General Provisions: 1. This section shall apply to any applicant for a subdivision approval, or a grading, excavation, or mining permit to allow wetland disturbing activities after June 7, 1999. Any drainage, filling, excavation, or other alteration of a public waters wetland or wetland shall be conducted Farmington Zoning Code 42 Development Standards Page 348 of 403 in compliance with MN Statutes Annotated, Section 103G.245, the WCA Minnesota rules 8420, and regulations adopted hereunder. 2. When any provision of any ordinance conflicts with this Section, that which provides more protection to the wetland or wetland buffer shall apply unless specifically provided otherwise in this Section; provided, such exceptions shall not conflict with state regulations, such as the state shore land program. 3. This Section shall apply to all land containing wetlands and land within the setback and buffer areas required by this Title. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable federal, state, and City ordinances and regulations. These wetland protection regulations shall not be construed to allow anything, otherwise prohibited in the zoning district where the wetland area is located. 4. A wetland is land that meets the definition of "wetlands" set forth in this section. Wetlands have been identified and the wetland management classification as established by the officially adopted city maps shall be prima facie evidence of the location and classification of wetlands. The official maps shall be developed and maintained by the Engineering Department. It will be the responsibility of an applicant to delineate the exact wetland boundary. All delineations must be reviewed by the Dakota County soil and water conservation district. The Dakota County soil and water conservation district will make recommendations to the city. The city council has delegated delineation review authority to its staff. The city will classify wetlands based on the criteria discussed under subsection (A) of this Section. The applicant shall get final delineation approval from the City. 5. In the event of a dispute concerning wetland management classification, the applicant or project proposer will be required to submit a RAM Form to the city. The appeal must include the identified wetland, current classification, RAM results, and reason(s) for the appeal. The city will review the wetland and RAM results and may request input from the Technical Evaluation Panel. Upon receiving a complete request of appeal, a decision will be made based on a review of the information within 60 days during the growing season or 60 days after the growing season begins, if the request for appeal is submitted outside of the growing season. A notice of the City's decision on the management classification appeal will be sent to the appealing party and the regulatory agencies. This notice will indicate either the revised management classification (if the City concurs with the appeal) or the existing management classification and the Farmington Zoning Code 43 Development Standards Page 349 of 403 management and protection strategies assigned to the wetland by support of this document. Appeals of the City's decision can be made to the City Council. 6. This subsection is applicable to wetlands that are determined to be jurisdictional wetlands, based on delineation procedures of the Wetland Conservation Act. 7. This subsection establishes four (4) wetland classifications as defined in Subsection (A) of this Section: Preserve, Higher Ranking Overall, Moderate Ranking Overall, and Lower Ranking Overall. (C) General Standards: The following standards apply to all lands within and/or abutting a wetland: (a) Septic and soil absorption systems must be set back a minimum of 100 feet from the City approved boundary of the wetland. (b) Building elevation standards shall conform with the standards of the Farmington surface water management plan. (c) Structures intended to provide access across a wetland shall be prohibited unless a permit is obtained in conformance with state regulations. (d) The MPCA's best management practices shall be followed to avoid erosion and sedimentation during construction processes. (D) No Net Loss and Wetland Alteration: It is the intent of this Section to avoid the alteration and destruction of wetlands. When wetlands or their buffer areas are altered or destroyed, mitigation must be provided to recreate the functions and values of the lost wetland and/or buffer area. To achieve no net loss of wetlands except as authorized by a wetland alteration permit issued by the City, a person may not drain, grade, fill, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. 2. Where it is found that avoidance of direct impact on a wetland is not feasible, wetland replacement shall be done as per agency (VRWJPO, corps of engineers, department of natural resources), and City (WCA) standards. No permits will be granted until the WCA replacement plan is approved or exemption certificate is obtained. Wetland replacement/mitigation siting must follow the priority order below: (a) Mitigation on site. Farmington Zoning Code 44 Development Standards Page 350 of 403 (b) Mitigation within the same minor subwatershed as established by the Minnesota Department of Natural Resources. (c) Mitigation within the watershed. (d) Mitigation within Dakota County. (e) Transportation projects shall pursue wetland mitigation projects to the extent practical using the criteria above. However, this does not preclude the use of the BWSR replacement program. 3. Drainage, grading, filling, removal of healthy native vegetation or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Other activities in a wetland requiring a wetland alteration permit include, but are not limited to: (a) Construction of new streets and utilities. (b) Installation of boardwalks. 4. When a wetland alteration permit is issued allowing filling in a wetland, the following standards shall be followed: (a) Filling must be consistent with the Farmington surface water management plan. (b) Filling in wetland areas will be required to be mitigated in accordance with the requirements of this section and the wetland conservation act. 5. When a wetland alteration permit is issued allowing dredging, excavating or grading in a wetland the following standards shall be followed in order to preserve WCA exemption or no loss determination in types 1, 2, 6, and 7 wetlands: (a) The dredging will not have a net adverse effect on the ecological and hydrological characteristics of the wetland. (b) It shall be located as to minimize the impact on vegetation and loss of wetland function (as determined by the VRWJPO or city). Exceptions may be allowed in basins dominated by invasive exotic species such as reed canary grass (Phalaris arundinacea). (c) It shall not adversely change water flow. (d) The size of the dredged area shall be limited to the minimum required for the proposed action. (e) Disposal of the dredged material is prohibited within the wetland area unless it is part of an approved wetland replacement plan. (f) Disposal of any dredged material shall include proper erosion control and nutrient retention measures. (g) Dredging in any wetland area is prohibited during waterfowl breeding season or fish spawning season, unless it is determined Farmington Zoning Code 45 Development Standards Page 351 of 403 by the City that the wetland is not used for waterfowl breeding or fish spawning. (h) Dredging in wetland areas will be required to be mitigated in accordance with requirements of this section if the activity results in a loss of functional wetland. Dredging to create water quality or habitat improvements may be allowed by the City where reasonable alternatives are not available or where the wetland is of low quality and designated for this purpose by the Farmington surface water management plan. 6. When a wetland alteration permit is issued allowing stormwater runoff to discharge directly into a wetland, the permit will include requirements established by the Farmington surface water management plan. These requirements establish a maximum high water level bounce and allowable phosphorus loadings based on the city's wetland classification system. A Preserve or Higher Ranking Overall public waters wetland or wetland may not be used for stormwater management and treatment unless the use will not adversely affect the function and public value of the wetland and other alternatives do not exist. 7. An applicant for a wetland alteration permit shall adhere to the following principles in descending order of priority: (a) Avoid the direct or indirect impact of the activity that may destroy or diminish the wetland; (b) Minimize the impact by limiting the degree or magnitude of the wetland activity and its implementation; (c) Rectify the impact by repairing, rehabilitating, or restoring the affected wetland function and its implementation; (d) Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the activity; and (e) Replacing unavoidable impacts to the wetlands by restoring or creating substitute wetland areas having equal or greater public value as set forth in MN Rules 8420.0500 and 8420.0522 to 8420.0528. 8. A wetland alteration permit shall not be issued unless the proposed development complies, within the provisions of the mitigation subsection of this section, as well as the standards, intent, and purpose of this section. (E) Wetland Buffer Areas: 1. For lots of record created after June 7, 1999 (date of original wetlands ordinance adoption), a buffer area shall be maintained abutting all Farmington Zoning Code 46 Development Standards Page 352 of 403 wetlands. The following requirements shall be met concerning the wetland buffers: (a) Where a buffer is required, the City shall require the protection of the buffer under a conservation easement, or include the buffer in a dedicated outlot as part of platting and subdivision approval, except where the buffer is located in a public transportation right of way. (b) A wetland line and wetland buffer delineation line must be shown on the plan submitted to the City. (c) A double row of silt fencing shall be erected at the wetland buffer line during construction and shall not be removed until sod is installed on all lots adjacent to the wetland buffer. (d) Permanent monumentation shall be erected at the time of the installation of the silt fence as required in subsection (E)5 of this Section. (e) Building permits shall not be issued until silt fence and monumentation are installed and disturbed areas of buffer are seeded, mulched, and disked. 2. Where acceptable natural vegetation exists in buffer areas, the retention of such vegetation in an undisturbed state is required unless approval to replace such vegetation is received. A buffer has acceptable vegetation if it: (a) Has a continuous, dense layer of perennial grasses that has been uncultivated or unbroken for at least five consecutive years; or (b) Has an overstory of trees and/or shrubs that has been uncultivated or unbroken for at least five consecutive years; or (c) Contains a mixture of the plant communities in subsections (E)2(a) and (E)2(b) of this Section that has been uncultivated or unbroken for at least five years. 3. Buffers shall be staked and protected in the field prior to construction unless the vegetation and the condition of the buffer are considered inadequate. Existing conditions vegetation will be considered unacceptable if: (a) Topography or sparse vegetation tends to channelize the flow of surface water. (b) Some other reason the vegetation is unlikely to retain nutrients and sediment. 4. Where buffer vegetation and conditions are unacceptable, or have been cultivated or otherwise disturbed within 10 years of the permit application, or where approval has been obtained to replant, buffers Farmington Zoning Code 47 Development Standards Page 353 of 403 shall be replanted and maintained according to the following standards: (a) Buffers shall be planted with a native seed mix approved by MnDOT, BWSR, NRCS or the Dakota SWCD, with the exception of a onetime planting with an annual nurse or cover crop. Plantings of native fortis and grasses may be substituted for seeding. All substitutions must be approved by the city. Groupings/clusters of native trees and shrubs, of species and at densities appropriate to site conditions, shall also be planted throughout the buffer area. (b) The seed mix and planting shall be broadcast/installed according to MnDOT, BWSR, NRCS or Dakota SWCD specifications. The selected seed mixes and plantings for permanent cover shall be appropriate for the soil site conditions and free of invasive species. (c) Buffer vegetation (both natural and created) shall be protected by erosion and sediment control measures during construction. (d) During the first five full growing seasons, except where the city has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than 90%. The owner or applicant must assure reseeding or replanting if the buffer changes at any time through human intervention or activities. (e) No fertilizer shall be used in establishing new buffer areas. (f) Applicants may obtain from the city a set of standard seeding and planting specifications for buffer areas, which meet all the city requirements. 5. Buffer areas shall be identified by permanent monumentation acceptable to the city at every other lot corner or every 300 feet, whichever is less, and at all angle points of lot. 6. Alterations, including building, storage, paving, routine mowing, burning, plowing, introduction of noxious vegetation, cutting, dredging, filling, mining, dumping, grazing livestock, agricultural production, yard waste disposal, or fertilizer application are prohibited within any buffer. Periodic mowing or burning, or the use of fertilizers and pesticides for the purpose of managing and maintaining native vegetation is allowed. Noxious weeds may be removed and mechanical or spot herbicide treatments may be used to control noxious weeds, but aerial or broadcast spraying is not acceptable. Prohibited alterations would not include plantings that enhance the natural vegetation or selective clearing or pruning of trees or vegetation that are dead, diseased or pose similar hazards, or as otherwise clarified in this section. Farmington Zoning Code 48 Development Standards Page 354 of 403 7. Where acceptable to adjacent properties, owners are encouraged to leave dead trees and branches in the buffer area, because they are part of the native natural environment and provide necessary habitat to many birds and native wildlife. 8. The following activities shall be permitted within any buffer, and shall not constitute prohibited alterations: (a) The following activities are allowed within both the minimum and average buffer width areas: (1) Structures that exist when the buffer is created. (2) Placement, maintenance, repair, or replacement of public roads and utility and drainage systems that exist on creation of the buffer or are required to comply with any subdivision approval or building permit obtained from the municipality or county, so long as any adverse impacts of public road, utility, or drainage systems on the function of the buffer have been avoided or minimized to the extent practical. (3) Clearing, grading, and seeding is allowed if part of an approved wetland replacement plan, or approved stream restoration plan. (4) Construction of a multipurpose trail, including boardwalks and pedestrian bridges, provided it is constructed to minimize erosion and new impervious surface, and has an undisturbed area of vegetative buffer at least 10 feet in width between the trail and the wetland or public waters wetland edge, or the bank of the major waterway; or where needed to cross the major waterway, the minimum impact alignment is used. (5) The construction of underground utilities such as water, stormwater, and sanitary sewers and pipelines provided the minimum impact alignment is used, the area is stabilized in accordance with subsection (E)4 of this Section, and setbacks established in Chapters 3 through 8 of this Title are met. (b) The following activities are allowed within those portions of the average buffer width that exceed the minimum buffer width: (1) Stormwater management facilities, provided the land areas are stabilized in accordance with subsection (E)4 of this Section, and alterations prohibited in subsection (E)6 of this Section are upheld. (2) The area of shallow vegetated infiltration and biofiltration facilities, and water quality ponds not to exceed 50% of the pond area, adjacent to wetlands and major waterways may be included in buffer averaging provided the facilities do not Farmington Zoning Code 49 Development Standards Page 355 of 403 encroach into the minimum buffer width, and the land areas are stabilized in accordance with subsection (E)4 of this Section, and alterations prohibited in subsection (E)6 of this Section are upheld. 9. All buffer areas are measured from the wetland edge as marked in the field. 10. The following buffer area sizes are minimum requirements: Wetland Type Preserve Manage l Manage 2 Manage 3 Buffer width At least 50 35-50 feet 25-35 feet 25 feet feet for water quality At least 100 feet for wildlife habitat 11. Any wetland restored, relocated, replaced or enhanced because of wetland alterations should have at least the minimum buffer area required for the class of the wetland involved. 12. The city may recommend buffer area averaging in instances where it will provide resource protection to wetland or to valuable adjacent upland habitat, or allow for reasonable use of property as described in subsection (B) of this Section, provided that the total buffer area on site contained in the buffer remains the same. 13. If the area of the buffer has a preconstruction slope of 12% or greater, the buffer shall be at the maximum width for the applicant's wetland classification. The use of a meandering buffer area to maintain a natural appearance is encouraged but not required in areas of flat topography. (F) Wetland and Buffer Area Mitigation: Where wetland alteration is approved and mitigation is required, mitigation must result in equal or improved wetland function and value. Mitigation plans must address water quality improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by the wetland conservation act to achieve replacement of the wetland function and value. Farmington Zoning Code 50 Development Standards Page 356 of 403 The following criteria shall be required for wetland or buffer area mitigation: 1. Wetland mitigation will be performed at a ratio required by the wetland conservation act. Buffers will be required to be replaced on the fill slope. When a wetland is completely filled, the buffer area requirement associated with the classification of the wetland that was filled will be required for the replacement wetlands unless replacement is occurring adjacent to a wetland with a higher classification. In this case, the buffer area requirement for the higher wetland classification will apply. 2. Mitigation should always result in equal or improved wetland function and value. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. 3. Mitigation shall provide a buffer area as set forth in this section. 4. Mitigation shall maintain or enhance the wetland hydrological balance through the following: (a) Restoration of partially drained wetlands. (b) Creation of new wetlands. (c) Restoration of buffer area functions. 5. Mitigation shall provide for pretreatment of water prior to entry to the wetland to improve water quality if required by the Farmington surface water management plan. 6. Mitigation involving the buffer area shall provide landscaping for nesting, and food for wildlife habitat. The buffer area landscape shall provide for wildlife cover and utilize a diversity of native flora (i.e., trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity. 7. Wetland and buffer area mitigation should be undertaken on site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should occur outside the subwatershed, elsewhere in the City. If mitigation cannot be accomplished on site, or if the city deems it necessary to perform mitigation off site, the applicant shall be responsible for contributing into the City's wetland restoration fund (described in the Farmington surface water management plan). The contribution will be based on the City's cost to create the new wetland. This includes, but is not limited to, the cost of land, design, engineering, legal, and construction activities needed to create the new wetland. The mitigation performed off site shall meet the requirements of this section. Farmington Zoning Code 51 Development Standards Page 357 of 403 8. Wetland and buffer area plantings that are completed for mitigation shall meet the standards for plantings specified in subsection (E) of this Section. 10-10-10: EROSION AND SEDIMENT CONTROL (A) Any property owner or contractor who removes significant vegetation, whether for landscaping, excavation, construction, or other purposes, or who places soil or other fill on property within the City, must take appropriate measures to prevent soil erosion, protect adjacent properties from damage, and control runoff to nearby surface waters and neighboring land. (B) Erosion and sediment control measures shall be consistent with best management practices (BMPs) for erosion and sediment control as specified in the Minnesota Pollution Control Agency (MPCA) "Minnesota Stormwater Manual", as amended, and shall be sufficient to retain sediment on site. (C) For construction activity that results in land disturbance of equal to or greater than one acre or is less than one acre but is part of a common plan of development or sale that ultimately will disturb greater than one acre, shall follow the most current Construction Stormwater General Permit under the National Pollutant Discharge Elimination System/State Disposal System Permit Program issued by the MPCA, as amended. (D) The City may impose additional erosion and sediment control requirements if, in the opinion of the City Engineer or designee, said measures are necessary to protect adjacent properties and manage stormwater water runoff. (E) The land disturbance shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. (F) Land shall be developed in increments of workable size such that adequate erosion and sediment controls can be provided as construction progresses and shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. (G) Natural vegetation shall be protected wherever practical. (H) Runoff water shall be diverted to a sedimentation basin before being allowed to enter the natural drainage system. All on site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion. (1) All temporary erosion and sediment controls shall be installed on all downgradient perimeters before commencing the land disturbing Farmington Zoning Code 52 Development Standards Page 358 of 403 activity and left in place and maintained until the site has been stabilized. All permanent erosion control measures shall be installed and operational per the design and as required by the City. 10-10-11: ALTERATIONS TO AND USE OF PUBLIC AND PRIVATE STORMWATER PONDS (A) General Provisions 1. No alterations to shorelines or vegetative buffers around stormwater ponds shall be allowed unless authorized by the City. 2. Use and maintenance of an unimproved access strip through the buffer, not more than 10 feet in width, for recreational access to the stormwater pond is allowed. 3. Fountains or other circulating devices will not be allowed in stormwater ponds unless authorized by the City. 4. Chemical treatment of stormwater ponds will not be allowed unless authorized by the City. 5. Structures will not be allowed within the stormwater pond or vegetative buffer zone. These will include but not be limited to retaining walls, docks, piers, diving platforms, bridges, etc. 6. Storage of any material or items, including but not limited to landscape materials, boats, trailers, etc., is prohibited within the stormwater pond or vegetative buffer zone. 7. Dumping of any material, including but not limited to refuse and yard waste, is prohibited within the stormwater pond or vegetative buffer zone. 8. Removal of invasive or unwanted vegetation in and around stormwater ponds may be allowed with the permission and direction of the city. 9. Recreational activities, including but not limited to boating, swimming, fishing and skating are discouraged on all stormwater ponds. 10-10-12: SALT STORAGE (A) Proper salt storage is required at commercial, institutional, and non - National Pollutant Discharge Elimination System (NPDES) permitted industrial facilities to prevent negative environmental impacts. The following best management practices are required: Designated salt storage areas must be covered or indoors; 2. Designated salt storage areas must be located on an impervious surface; and Farmington Zoning Code 53 Development Standards Page 359 of 403 3. Practices must be implemented in designated salt storage areas to minimize exposure during material transfer (e.g., sweeping, diversions, and/or containment). Farmington Zoning Code 54 Development Standards Page 360 of 403 TITLE 10 ZONING CHAPTER 11: SIGNAGE 10-11-1: PURPOSE AND INTENT (A) Purpose: Signs have an impact on the character and quality of the environment as a prominent part of the scenery. They attract or repel the viewing public and affect the safety of vehicular traffic. Their suitability or appropriateness helps to set the tone of the neighborhood. The purpose of this Section is to protect and promote the general welfare, health, safety and aesthetics within the City through the establishment of comprehensive standards, regulations and procedures governing the placement, erection, maintenance, use and/or display of devices, signs or symbols. (B) Intent 1. The provisions of this Chapter are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication and a sense of concern for visual amenities on the part of those designing, displaying or otherwise utilizing needed communicative media of the types regulated by this section. 2. At the same time, the provisions of this Chapter are intended to ensure that the public is not endangered, annoyed or distracted by unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. 3. This Chapter must be interpreted in a manner consistent with the First Amendment guarantee of free speech. 10-11-2: SIGNS PROHIBITED (A) All signs not expressly permitted under this Chapter or exempt from regulation hereunder in accordance with this Chapter are prohibited. Such signs include, but are not limited to: l . Rotating, Moving, Animated, or Flashing Signs 2. Traffic Interference: No sign which would interfere in any way with the proper functioning or purpose of a traffic sign or signal. 3. Snipe Signs 4. Roof Signs: Roof signs shall not be permitted in any district. No sign shall extend above the roofline. Farmington Zoning Code 1 Signage Page 361 of 403 5. Public Rights of Way: No sign shall be upon or overhang any public right of way, with the exception of the D-C and D-E district where an overhang of 15 inches is possible. 6. Obsolete Signs 10-11-3: EXEMPT SIGNS (A) The following signs shall not require a permit and are allowed in addition to Sections 10-1 1-4 Temporary Signs and 10-1 1-5 Permanent Signs. These signs shall meet the standards listed in this Section and the general requirements listed in Section 10-1 1-6 General Design and Construction Standards. 1. No Trespassing: No trespassing signs and no dumping signs shall not exceed two square feet in area per side and not to exceed four in number per lot in R districts. In the A district such signs shall not be located less than 300 feet apart. 2. Integral Signs: Integral signs displaying only the name, address of the building or date of construction not to exceed two square feet. 3. Flags: Flags or insignia of any government. 4. Traffic/Street Signs: Traffic/street signs approved by the Director of Public Works. 5. Temporary Holiday Signs: Temporary holiday signs and displays relating to noncommercial messages associated with national, state or local holidays or festivals. 10-11-4: TEMPORARY SIGNS (A) Unless specifically identified below, temporary signs are permitted in all zoning districts and do not require a sign permit. These signs shall meet the standards listed in this Section and the general requirements listed in Section 10-1 1-6 General Design and Construction Standards. (B) Off Premises Signs 1. Off premises signs shall require an interim use permit. 2. Such sign shall not exceed 25 square feet per face and shall conform to the yard requirements of the zoning district in which it is located. 3. If said sign is lighted, it shall be illuminated only during those hours when business is in operation or when the model homes or other developments are open for conducting business. (C) Properties for sale, rental, or lease: 1. One sign may be placed per street frontage and located within 15 feet of the right-of-way line on the property to be sold or leased. Farmington Zoning Code 2 Signage Page 362 of 403 2. The size of such sign shall be a maximum of six square feet for residentially zoned property and a maximum of 32 square feet for all other properties. 3. The sign shall be removed upon sale, rental, or lease of the property. (D) Properties with an open building permit: 1. For development projects of 30 acres or less, one sign each at a maximum of 32 square feet of sign area and not exceeding 10 feet in height may be erected on the project site. 2. For development projects over 30 acres, two signs each at a maximum of 32 square feet of sign area and not exceeding 10 feet in height may be erected. 3. Signs shall be located at least 10 feet from the nearest property line on the property with the active building permit, and in no case shall be permitted within the 30-foot triangle of visibility at public or private street intersections or driveway intersections. 4. Signs shall be located at least 50 feet from any existing or occupied dwelling unit. 5. Signs shall be removed within 30 days after major construction has finished or when 90% or more of the units on the property have been sold, leased, or rented. (E) Properties with temporary events: 1. Signs installed on properties where a temporary event is occurring may be placed on the site up to 30 days prior to the event and shall be removed on the day that the event ends. 2. Signs shall not exceed four square feet in area and six feet in height. 3. Signs placed within the right-of-way shall not exceed three feet in height within the 30-foot triangle of visibility at public or private street intersections or driveway intersections. 4. Banners shall comply with subsection (G) of this Section. (F) Signs specified in MN Statutes Chapter 211 B.045. (G) Banners: Banners and feather signs shall comply with the following conditions: 1. Sign Permit Required: A sign permit is required for the banner or feather sign and shall be valid for 30 consecutive days. No more than three banners may be allowed on a property at one time. 2. Minimum Setbacks: Banners and feather signs shall be set back at least 10 feet from all property lines and in no case shall be permitted within the 30-foot triangle of visibility at public or private street intersections or driveway intersections. Farmington Zoning Code 3 Signage Page 363 of 403 3. Banners; Public Safety: Banners and feather signs shall not be erected or maintained in such a manner as may endanger the public safety, interfere with or obstruct pedestrian or vehicular travel, or create a traffic safety problem. 4. Banners on Streetlights: The City may place banners on streetlights. (H) A -Frame Signs: l . A permit and fee as determined by the City Council is required to display an A -frame sign. The permit shall be valid for a period of up to one year and is not transferable to another business without authorization of the Zoning Officer. 2. Businesses located within the B-1, B-2, D-C, D-E, MUCI, and MUCR districts may display an A -frame sign on the sidewalk adjacent to the business or on other private property with the owner's permission during regular business hours. 3. Places of worship may display such signs on the day before and day during which services are conducted. 4. Sign Size and Placement: (a) The portable two-sided sign shall be up to two feet wide and three feet high. (b) Such signs shall not restrict pedestrian traffic flow. 10-11-5: PERMANENT SIGNS (A) All signs listed within this section shall obtain a permit from the Zoning Officer prior to their installation. (B) Permanent Signs Permitted in All Zoning Districts: 1. On Premises Directional Signs: Where one-way access and egress drives are incorporated in a site plan, a sign indicating traffic direction no more than two square feet may be placed at a driveway within five feet of the street right-of-way. A directional sign indicating the entrance to a two-way driveway may be required where the Zoning Officer deems it is necessary to safely direct the traveling public. 2. Window: Permanent signs printed or otherwise displayed from the surface of an individual window shall not exceed two square feet or 40% of the total window area, whichever is greater. 3. Awning Signs: Signs on awnings shall be less than eight square feet in size or nine inches in height and shall be located on the face of the awning (valance or skirt). 4. Painted Wall Signs: Painted wall signs shall be permitted only on structurally sound and homogeneous surfaces. A conditional use permit shall be required. Farmington Zoning Code 4 Signage Page 364 of 403 5. Municipal Entrance Sign: A sign may be placed at the city boundary along a roadway. Such sign shall not exceed 150 square feet and 10 feet in height. 6. LED Message Sign: (a) One LED message sign in the form of a pylon, monument or wall sign may be installed on any property which is continually utilized for a civic, educational, nonprofit, charitable, religious, commercial, or industrial purpose. (b) This sign shall be subject to the sign area and height requirements for the underlying zoning districts as specified within subsections (C) through (E) of this Section. (c) The installation of an LED message sign shall be subject to the state's electrical code. The electrical service to such sign shall be underground. (d) LED signs permitted under this Section shall comply with Section 10-11-2(a)1. (C) Permanent Signs Permitted in the R-1, R-2, R-3, R-4, and R-D Zoning Districts: 1. Home Occupations: One nonilluminated wall or freestanding sign not exceeding two square feet in size is permitted. 2. Bed and Breakfasts: A sign not exceeding four square feet may be located on the site. The sign must match the architectural features of the structure. The sign may be located on the house or five feet from the property line. The sign may not be illuminated. 3. Single -Family Subdivisions and Multi -Family Complexes: (a) For single-family subdivisions and multi -family complexes, one monument sign per street frontage is allowed, not to exceed 50 square feet in sign area and five feet in height. (b) Signs shall be located at least 10 feet from property lines and in no case shall be permitted within the 30 foot triangle of visibility at street intersections. 4. Permitted Nonresidential Uses (a) One freestanding monument sign is allowed per street frontage if an access drive is present. (1) Each sign shall not exceed 50 square feet in sign area and 10 feet in height. (2) Signs shall be located at least 10 feet from property lines and in no case shall be permitted within the 30 foot triangle of visibility at street intersections. Farmington Zoning Code 5 Signage Page 365 of 403 (b) Wall signs for single tenant buildings (1) One wall sign shall be allowed per fagade. (2) Wall signs shall not exceed 12% of the building fagade or 300 square feet, whichever is less. (c) Permanent illuminated signs shall be allowed in residential zoning districts for nonresidential uses. Such signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians or neighboring premises as outlined in Section 10-10-4 regarding exterior lighting. 5. Athletic Complex Scoreboards (a) Freestanding signs shall be permitted on public school property as follows: (1) Scoreboards may be located only at the varsity and junior varsity playing fields at the northeast intersection of Akin Road and CSAH 50 and on the parcel at 800 Denmark Avenue. (2) One scoreboard may be erected for each competitive playing field and is restricted to a maximum of six feet six inches in height by 27 feet in length. (3) The maximum height of the scoreboard at installation is 20 feet. (4) The scoreboards may display signage located on the bottom perimeter of the front of the scoreboard and shall not exceed two feet in height or 27 feet in width. A second nonilluminated signage panel may be located on the back of the scoreboard at the top of the scoreboard perimeter and shall not exceed three feet in height or 27 feet in width. (D) Permanent Signs Permitted in the B-1, B-2, D-C, D-E, and I Zoning Districts: 1. Wall Signs: One wall sign is permitted per building front or unit fagade as follows for each zoning district: B-1 10% of facade (200 square foot maximum) B-2 16% of facade (300 square foot maximum) D-C 14% of facade (300 square foot maximum) D-E 14% of facade (300 square foot maximum) 1-1 18% of facade (400 square foot maximum) 2. Monument Signs (a) Monument signs are permitted up to 100 square feet in sign area with a height maximum of 10 feet from the ground (including the base) to the top of the sign. Farmington Zoning Code 6 Signage Page 366 of 403 (b) The sign must be set back 10 feet or more from the property line and shall not be located within the 30-foot triangle of visibility at street intersections. (c) One monument sign per street frontage may be erected on a lot if the lot is adjacent to more than one street. The primary sign shall not exceed 100 square feet in sign area per sign with a maximum height of 10 feet; the secondary street frontage(s) shall each allow one sign that does not exceed 60 square feet in sign area per sign with a maximum height of six feet. 3. Pylon Signs: Pylon signs are permitted as follows: (a) No pylon sign shall be located in a required yard. (b) Pylon signs shall not be located closer than five feet from a driveway or parking space. (c) Area and height of pylon signs are determined by the speed of automobile traffic along the frontage street as follows: Speed (mph) Area (Square Feet) Height (Feet) 30 50 18 35 75 20 40 100 22 45 125 24 50 150 26 55 175 28 4. Marquee Signs: Marquee signs may be placed on the roof of a covered walk or marquee in a building complex on the vertical face of a marquee and may project from the lower edge of the marquee not more than 24 inches, but the bottom of a sign placed on a marquee shall be no less than eight feet above the ground at any point. No part of the sign shall extend above the top of the roofline for a covered walk or above the top of the vertical face of the marquee. 5. Illuminated Signs: Except for temporary signs, illuminated signs shall be allowed. Such signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians or neighboring premises as outlined in Section 10-6-8 of this chapter dealing with exterior lighting. 6. Bed and Breakfasts: A sign not exceeding foursquare feet maybe located on the site. The sign must match the architectural features of Farmington Zoning Code 7 Signage Page 367 of 403 the structure. The sign may be located on the house or five feet from the property line. The sign may not be illuminated. 7. Billboards: (a) Billboards shall be permitted only in the 1-1 district. (b) A conditional use permit is required for all billboards. (c) The maximum sign size shall be 300 square feet in sign area. Billboards may incorporate cutouts protruding beyond the framed perimeter of the sign face, providing the total sign area does not exceed 350 square feet. (d) The maximum height to the uppermost portion of any advertising device shall be 30 feet. The building setback limitation for the zoning district in which the sign is located shall apply to setbacks for billboards. (e) The minimum radius distance between billboards shall be one 1,500 feet. (f) No billboard structure shall be constructed within 500 feet of any park or residential zoning district. (g) No billboard shall be located closer to any intersection than 500 feet. (h) Billboards shall be a single support, metal structure, free of supports or guywires. The metal shall be treated in such a manner as to prevent deterioration. (i) Billboards may be illuminated provided that there are no flashing, intermittent or moving lights, and that beams or rays of light are not directed toward any portion of public streets. 8. Project signs may be allowed in the D-C and D-E districts in accordance with the standards listed in Section 10-5-6. (E) Permanent Signs Permitted in the MUCI and MUCR Zoning Districts: 1. Single Occupant Building: (a) Monument Sign: (1) Under 100,000 square feet: a. One monument sign for each principal structure or legal parcel. Lots adjacent to more than one street may have one sign per street frontage. b. Signs shall not exceed 100 square feet in sign area per sign with a maximum height of 10 feet. c. Said signs shall be located at least 10 feet from the nearest property line and in no case shall be permitted within the Farmington Zoning Code 8 Signage Page 368 of 403 30 foot triangle of visibility at public or private street intersections or driveway intersections. (2) Over 100,000 square feet: a. One monument sign per street frontage for each principal structure or legal parcel. Lots adjacent to more than one street may have one sign per street frontage. b. Primary sign shall not exceed 150 square feet in sign area per sign with a maximum height of 15 feet; secondary street frontage sign shall not exceed 60 square feet in area per sign with a maximum height of six feet. c. Said signs shall be located at least 10 feet from the nearest property line and in no case shall be permitted within the 30 foot triangle of visibility at public or private street intersections or driveway intersections. (b) Wall: (1) One wall sign shall be allowed per facade. (2) The total sign area on the building may not exceed 16% of the building facade or 400 square feet per building face. 2. Multiple Occupant Building: (a) Monument Sign: (1) One monument sign per street frontage may be erected on a lot. Lots adjacent to more than one street may have one sign per street frontage. (2) Primary sign shall not exceed 200 square feet in sign area per sign with a maximum height of 20 feet; secondary street frontage sign shall not exceed 75 square feet in sign area per sign with a maximum height of six feet. (3) Said signs shall be located at least 10 feet from the nearest property line and in no case shall be permitted within the 30- foot triangle of visibility at public or private street intersections or driveway intersections. (ORu (1) One wall sign shall be allowed per unit facade. (2) The total sign area on the building may not exceed 16% of the building facade or 400 square feet. (c) Sign Plan: (1) Multiple occupancy buildings shall submit a sign plan that will coordinate signage for the entire project. Farmington Zoning Code 9 Signage Page 369 of 403 (2) The plan shall address height, location, size, number, type, decorative theme, design, color and materials to be used on the building. (3) The plan shall be reviewed and approved by the Zoning Officer prior to the issuance of a sign permit for the building. (4) The owner of the building is responsible to obtain the sign permit, comply with the approved sign criteria, and ensure that signs erected are in compliance with the approved sign plan. 3. Projecting Signs: (a) Projecting: The sign shall be perpendicular to the surface of the building and the sign may be no more than one foot thick. (b) Size: Projecting signs may project no more than four feet from the front edge of the building and be no more than 12 square feet in area. (c) Height: The bottom of the projecting sign must be at least eight feet above sidewalk grade. (d) Materials: Projecting signs must be approved by the planning commission during the sign permit application process. (e) Illumination: Projecting signs may be lit with external lighting only and shall comply with Section 10-10-4 Exterior Lighting of this Title. (f) Public Right of Way: Projecting signs may not extend over a public right of way or public property (except a sidewalk or trail portion thereof) except by conditional use permit. (g) Parking Space or Loading Dock: Projecting signs may not extend over a designated parking space or loading area. (h) Box Signs: Projecting box signs or cabinet signs are prohibited. (F) Permanent Signs Permitted in the A-1 Zoning District: 1. For permitted nonresidential uses, one freestanding monument sign is allowed per street frontage if an access drive is present. (a) Each sign shall not exceed 100 square feet in sign area and 10 feet in height. (b) Signs shall be located at least 10 feet from property lines and in no case shall be permitted within the 30-foot triangle of visibility at street intersections. 2. Wall signs shall not exceed 12% of the building facade or 300 square feet, whichever is less. Farmington Zoning Code 10 Signage Page 370 of 403 10-11-6: GENERAL DESIGN AND CONSTRUCTION STANDARDS (A) Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs. (B) All signs shall be designed, constructed, and maintained in accordance with the following standards: 1. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Section, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure. 2. All signs shall be maintained in a safe, presentable and good structural condition at all times. Maintenance shall include painting, repainting, cleaning, replacement or repair of defective parts and other necessary acts. 3. Any sign which is found in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the premises on which the sign is located. 4. No sign shall be located within the 30-foot triangle of visibility at public or private street intersections or driveway intersections. 5. Signs on historic landmark buildings shall: (a) Not cause damage to historic architectural features or building materials as a result of installation; and (b) Be designed and installed in such a manner that when they are removed or replaced there is no physical evidence of their former presence. In other words, holes shall not be drilled in historic masonry, alterations shall not be made of historic character defining windows or doors, and fasteners shall not be attached to any historic trim. 10-11-7: NONCONFORMING SIGNS (A) Continuation of Use: A nonconforming sign lawfully existing upon the effective date of this Chapter may be continued at the size and in the manner existing upon such date except as hereinafter specified. (B) Nonconforming Sign: A nonconforming sign shall not be: 1. Structurally changed to another nonconforming sign if altered to prolong the life of the sign, except to meet safety requirements. 2. Structurally altered except to bring it into compliance with the provisions of this Chapter. Farmington Zoning Code 11 Signage Page 371 of 403 3. Expanded or enlarged so as to increase the degree of nonconformity of the sign. 4. Continued in use if a change of use occurs as defined in the zoning ordinance. 5. Repaired or otherwise rehabilitated after damage, destruction, or deterioration of more than 50%, except to bring into conformance with this Chapter. (C) Nonconforming Sign Maintenance and Repair: Nothing in this Section shall be construed as relieving the owner of use of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this Chapter regarding safety, maintenance and repair of signs, provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status. (D) Nonconforming Signs Annexed to the City: All existing signs located on property annexed into the City after the effective date of this Chapter that are not in conformance with this section shall be brought into conformance within 60 days after such annexation. 10-11-8: ADMINISTRATION AND ENFORCEMENT: (A) Enforcement Officer: All administration and enforcement of this Chapter shall be primarily implemented by the Zoning Officer. Anyone who wishes to report a sign that may be in violation of this section should do so to the Zoning Officer. (B) Sign Plan 1. A multiple occupancy building shall submit a sign plan that will coordinate signage for the entire project. 2. The plan shall address height, location, size, number type, decorative theme, design, color and materials to be used on the building. 3. The plan shall be reviewed and approved by the Zoning Officer prior to the issuance of a sign permit for the building. 4. The owner of the building is responsible for obtaining the sign permit, complying with the approved sign criteria, and ensuring that signs erected are in compliance with the approved sign plan. (C) Permit Procedure: Except as otherwise provided in this Chapter, all signs shall require a sign permit prior to being constructed, reconstructed, moved, altered, placed, or repaired. Sign permits shall be issued by the Zoning Officer. Farmington Zoning Code 12 Signage Page 372 of 403 (D) Permit Fees: Each application for a sign permit shall be accompanied by the applicable fees, which shall be established by the Farmington City Council. (E) Cancellation: A sign permit shall be null and void if the work for which the permit was issued has not been completed within a period of six months after the date of the permit. A permit may be renewed one time and no additional fee shall be collected for renewal. (F) Fines: Any person, organization, corporation or their representatives, found in violation of this section shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine not to exceed the maximum statutory amount. Each day that a violation exists shall constitute a separate and distinct offense, punishable as aforesaid. (G) Revocation of Permit: Any permit issued by the City may be suspended or revoked by the Zoning Officer for any of the following causes: 1. Conducting such permitted activity in such a manner as to constitute a breach of the peace or menace to the health, safety or welfare of the public, or a disturbance of the peace or comfort of residents of the City, or upon the recommendation of the appropriate city official. 2. Expiration or cancellation of the required insurance coverage. 3. Actions unauthorized or beyond the scope of the permit granted. 4. Violation of any regulation or provision of this code applicable to the activity for which the permit has been granted, or any regulation or law of the state so applicable. 5. Failure to continuously comply with all conditions required as precedent to the approval of the permit. (H) Severance Clause: If any subsection, clause or provision or portion thereof, of this Chapter shall be found to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other subsection, clause, provision or portion thereof of this Chapter. Farmington Zoning Code 13 Signage Page 373 of 403 TITLE 10 ZONING PROCEDURES AND ENFORCEMENT 10-12-1: COMMON PROCEDURES (A) Authority to File Applications 1. Land use applications for an individual property may be initiated by: (a) The owner of the property that is the subject of the application; or (b) An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. Evidence of such authorization shall be the signature of the property owner. (c) If the property subject to an application is under more than one ownership, all owners or their authorized agents shall join in filing the application. 2. Zoning amendments (text or map) may be initiated by: (a) The City Council; (b) The Planning Commission; (c) A property owner. (B) Application Submittal 1. Each complete land use application shall be filed with the Zoning Officer and shall include the following: (a) An application on the official application form provided by the City, including a non-refundable application fee as established by ordinance. (b) All those application materials required that are specific to the application. (c) The Planning Commission and City Staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. 2. An application will not be accepted until it is complete and all required materials have been submitted. Farmington Zoning Code Procedures and Enforcement Page 374 of 403 3. The City must approve or deny a complete land use application within the time allotted under Minnesota Statutes, Section 15.99. (C) Public Hearing 1. Public hearings, when required by this Ordinance, the Farmington City Code, or state law, shall be conducted pursuant to the rules established for each of the bodies, the Farmington City Code, and in compliance with state law. 2. All public hearings shall be open to the public. 3. Notices (a) Notice of the public hearing shall be published in the official newspaper of the City at least 10 days prior to the date of the hearing. (b) Written notification of the hearing shall be mailed at least 10 days prior to the date of the hearing to the applicant and all owners of land within 350 feet of the boundary of the property in question. (c) Written notification of the application and hearing shall be filed with the Commissioner of the Minnesota Department of Natural Resources if the proposed application relates to land located in part or in total within the Shoreland Overlay District. (d) Written notification of the application and hearing shall be filed with the Commissioner of the State Department of Transportation or the County Engineer if an application for a proposed subdivision, plat, site plan, environmental document, traffic impact study, or comprehensive plan abuts or includes a state trunk highway or a county state aid road, respectively. (e) Failure of the City to send mailed notice to property owners as required above, or defects in the notice, shall not invalidate any such proceedings as set forth within this Ordinance, provided a bona fide attempt has been made to comply with the notice requirements of this Chapter. 4. Upon receipt of a complete application, the Zoning Officer shall set the date for the public hearing. 5. At the public hearing, the applicant or a representative thereof shall appear to answer questions concerning the application. (D) Withdrawal of Application 1. Any request for withdrawal of an application shall be submitted in writing to the Zoning Officer. 2. In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the City in the processing of an application shall not be refunded. Farmington Zoning Code 2 Procedures and Enforcement Page 375 of 403 (E) Successive Applications 1. No application which has been denied wholly or in part by the City shall be resubmitted for a period of six months from the date of said order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the City. (F) Certificate of Occupancy l . An application for a certificate of occupancy shall be accompanied by a plot plan showing the location, dimension, and such other information as is required by the building official, together with a fee as determined annually by the City Council. 2. A certificate of occupancy shall be obtained before any person may: (a) Occupy or use any vacant land; or (b) Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged; or (c) Change the use of a structure or land to a different use; or (d) Change a nonconforming use. (G) Appeals 1. Purpose (a) Purpose. The purpose of this Subsection is to provide for an appeal process where it is alleged that there is an error in any order, requirement, decision, or determination by the City or in the enforcement of this Ordinance. 2. Appeals of Administrative Decisions (a) The Board of Adjustment shall have the power to hear and decide appeals from any order, requirement, decision, grant or refusal made by the Zoning Officer in the administration of this Title. (b) An appeal from a ruling of the Zoning Officer may be taken by the property owner or agent within 30 days after the order utilizing the following procedure: (1) The property owner or agent shall file with the Zoning Officer a notice of appeal stating the specific grounds upon which the appeal is made. The fee to be charged for any appeal or proceeding filed with the board shall be such as is determined by proper action of the City Council. (2) The Zoning Officer shall transmit the appeal to the board of adjustment for study and recommendation at its next regular meeting. Farmington Zoning Code 3 Procedures and Enforcement Page 376 of 403 (3) The Board of Adjustment shall make its decision within 60 days and a copy of the motion shall be mailed to the applicant by the Zoning Officer. 3. Appeals of Zoning Board of Adjustment (1) A party may appeal a decision of the Zoning Board of Adjustment when issues of fact, procedure or other finding made by the Board are in dispute. (2) Appeals must be filed with the City within 10 days of the final decision of the Board of Adjustment. A fee to be established by resolution of the City Council shall be paid by the appellant at the time the notice of appeal is filed. (3) Building permits shall not be issued after an appeal has been filed with the Planning Department. If permits have been issued before an appeal has been filed, then the permits are suspended and construction and/or usage shall cease until the City Council has made a final determination of the appeal. (4) The City Council shall conduct a hearing within 60 days after the receipt by city staff of the appeal from an action by the Board of Adjustment. a. As provided in subsection (C)3 of this Section, notice of the hearing shall be mailed to property owners adjacent to the subject property disregarding public rights of way. b. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. c. Upon appeal of a variance decision by the Board of Adjustment, the City Council shall decide to affirm or overturn the decision of the Board of Adjustment with a four -fifths (4/5) vote of the City Council. 4. Appeals of City Council Decisions (a) Any aggrieved person shall have the right to appeal any land use decision by the City Council to the District Court for Dakota County. Any person seeking judicial review under this Title must appeal within 30 days after delivery of the decision to the appellant. 10-12-2: SPECIAL EXCEPTIONS (A) The Board of Adjustment may authorize a permit to move structures into or within the City in accordance with the criteria and provisions listed herein: Farmington Zoning Code 4 Procedures and Enforcement Page 377 of 403 (B) Applications will be filed with the Zoning Officer who shall set a public hearing, transmit the application directly to the Board of Adjustment, and mail a notice to property owners adjacent to the subject property, disregarding public rights of way. Failure of such owners to receive notice shall not invalidate the proceedings. (C) Upon a filing of an application, the Zoning Officer shall cause the Building Inspector to investigate the building and report the results of the investigation together with recommended action thereon. (D) No permit shall be issued to move any building or structure which, in the opinion of the Board of Adjustment: 1. Is constructed or in such condition as to be dangerous. 2. Is infested with pests or is unsanitary. 3. Is unfit for human habitation. 4. Is so dilapidated, defective, unsightly or in such disrepair that its relocation at the proposed site would cause appreciable harm to the property or improvements in the neighborhood. (E) The Board of Adjustment may authorize the move of a structure based upon the evaluation of the following: 1. The age of the structure shall be similar to the age of the structures in the immediate neighborhood. 2. The value of the structure shall equal or exceed the value of the structures in the immediate neighborhood. 3. The architecture of the proposed structure shall produce a visual impression which is consistent with the architecture of the immediate neighborhood. 4. The exterior of the structure shall be completed, upgraded and landscaped within a time frame established by the board of adjustment, but in no case shall exceed 90 days. 5. There shall not be any storage of structures on any property, public or private. 6. The board of adjustment may attach other conditions as they deem necessary which preserve the spirit and intent of this title. (F) Before a building permit can be issued, an applicant shall deliver surety acceptable to the Zoning Officer in an amount equal to the cost of the work to be done as estimated by the City Building Official. 1. In the event the work is not completed within six months of issuing the permit, the letter of credit shall be claimed, giving the City the option of completing the work or demolishing the structure to clear, clean Farmington Zoning Code 5 Procedures and Enforcement Page 378 of 403 and restore the site, unless an extension is granted by the City Council. 2. In the event that the moving of any building causes damage to the public streets or other public property, in addition to any other remedies the City may have, the Zoning Officer may require the damage to be repaired with the cost to be deducted from the letter of credit. 10-12-3: CHANGES TO LAWFUL NONCONFORMING USES (A) The Board of Adjustment shall have the power to authorize changes of lawful nonconforming uses as follows: l . A nonconforming use which occupies a portion of a structure may be extended within such structure as it existed when this zoning title was enacted but not in violation of the area and yard requirements of the zoning district. 2. A new nonconforming use may be created in an existing structure to replace a lawful nonconforming use, provided that the owner agrees in writing that: (a) The proposed nonconforming use will entail no structural changes or additions other than those required for purposes of safety, health and aesthetics. (b) The proposed use will be limited by all provisions of this Title regulating nonconforming uses. 10-12-4: SITE PLAN REVIEW (A) Purpose: The purpose of this Section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this chapter. (B) Applicability 1. Site plan review is required for multi -unit dwellings of three or more units, manufactured home developments, institutional, commercial, and industrial uses. 2. The following shall be excepted from site plan review requirements: (a) Agricultural developments; (b) Single-family detached dwellings; (c) Two-family attached dwellings. (C) Minor Projects 1. The following shall be considered minor projects and subject to review procedures as indicated: Farmington Zoning Code 6 Procedures and Enforcement Page 379 of 403 (a) No Site Plan Review Required (1) Building projects that comprise less than 10% building footprint expansion (up to 500 square feet). (2) Building projects that change the amount building coverage on a site by less than 10%. (b) Administrative Review (1) Building projects that comprise a 10 to 30% building footprint expansion. (2) Building projects that change the amount of building coverage on a site by 10 to 30%. (3) Building projects that decrease the number of residential dwelling units by less than 10%. (4) Building projects which decrease the amount of open space by less than 10%. 2. Procedure: Administrative approval of eligible site plans shall be subject to the following procedural requirements: (a) Plan review will be in accordance with established procedures including the coordinated review by other city departments and divisions as determined by the Zoning Officer. (b) Site plans involving properties within approved planned unit developments shall be subject to applicable evaluation criteria in this chapter. (c) Any major variance proposal will automatically require the entire application to be processed in accordance with the Planning Commission review and City Council approval provisions of Section 10-12-7 Variance of this Title. (d) Administrative approval including all applicable conditions and requirements shall be made in writing by the Zoning Officer. The applicant, in addition to all other applicable requirements, shall submit a written acknowledgment of that approval prior to the commencement of any development and prior to the issuance of any permits. (e) Any unresolved dispute as to administrative interpretation of City Code, ordinance, or policy requirements may be formally appealed pursuant to this Chapter. (f) Site plans involving conditionally permitted uses are subject to the review requirements found in Section 10-12-5 Conditional Use Permit of this Title. (D) Major Projects Farmington Zoning Code 7 Procedures and Enforcement Page 380 of 403 1. A "major project" is defined as one or more of the following and subject to review as prescribed in this Section: (a) Construction of new structures that may or may not be in conjunction with site improvements on redevelopment site or vacant undeveloped lands. (b) Building projects that comprise more than a 30% building footprint expansion. (c) Building projects that change the amount of building coverage on a site by more than 30%. (d) Building projects that decrease the number of residential dwelling units by 10% or more. (e) Building projects that increase or decrease the number of stories of any building. (f) Building projects which decrease the amount of open space by 10% or more or alter it in such a way as to change its original design or intended use. (g) Building projects which substantially alter the location of buildings, parking areas, or roads. 2. Procedure: (a) Recommendation on Action: The Zoning Officer shall coordinate the review of the site plan, and provide general assistance in preparing a recommendation on the action to the Planning Commission. (b) Approval by Majority Vote: Approval of the site plan shall require passage by a majority vote of the Planning Commission. The Planning Commission may require such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this Chapter. (E) Certification of Taxes Paid: Prior to approval of any site plan application, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the major project application relates. (F) Evaluation Criteria: The Planning Commission shall evaluate the effects of the proposed site plans. This review shall be based upon compliance with the city comprehensive plan, the Zoning Ordinance, and other city codes and policies. (G) Lapse Of Approval 1. Unless otherwise specified by the Zoning Officer or Planning Commission as may be applicable, the site plan approval shall Farmington Zoning Code 8 Procedures and Enforcement Page 381 of 403 become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section. 2. An application to extend the approval of a site plan for up to an additional one year shall be submitted to the Zoning Officer not less than 30 days before the expiration of said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the site plan approval, and it shall state the additional time being requested to begin the proposed construction. The request shall be heard and decided by the Zoning Officer prior to the lapse of approval of the original request. After two years have expired without substantially commencing construction, the site plan shall become null and void and no further extensions can be granted. The site plan review process must be reinitiated for projects that have exceeded two years. 3. In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the Zoning Officer or the Planning Commission, as applicable, shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay. (H) Site Improvement Performance Agreement and Financial Guarantee: l . Following the approval of the site plan required by this Chapter and before issuance of a building permit, the applicant, as required by the City, shall guarantee to the City the completion of all private exterior amenities as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as provided below: (a) The applicant shall execute the site improvement performance agreement on forms provided by the City. The agreement shall be approved as to form and content by the City Attorney and shall define the required work and project completion schedule and reflect the terms of this section as to the required guarantee for the performance of the work by the applicant. (b) The required work includes, but is not limited to, private exterior amenities such as landscaping, private driveways, parking areas, recreational fields structures or buildings, drainage systems, water Farmington Zoning Code 9 Procedures and Enforcement Page 382 of 403 quality ponds, wetland mitigation, wetland buffers, erosion control, curbing, fences and screening, and other similar facilities. The required work shall also include all aspects of a tree preservation plan and reforestation plan, if applicable. (c) A financial guarantee shall be submitted with the executed site performance agreement as provided herein: (1) Financial guarantees acceptable to the City include cash escrow; an irrevocable letter of credit; or other financial instruments which provide equivalent assurance to the City and which are approved by the Zoning Officer. (2) The term of the financial guarantee shall be for the life of the site improvement performance agreement, and it shall be the responsibility of the applicant to ensure that a submitted financial guarantee shall continue in full force and effect until the Zoning Officer shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this section. (3) When any instrument submitted as a financial guarantee contains provision for an automatic expiration date, after which the instrument may not be drawn upon, the expiration date shall be November 15. Further, it shall be the responsibility of the applicant to notify the city in writing, by certified mail, at least 60 days in advance of the expiration date of the intention to renew the instrument or to not renew the instrument. If the instrument is to be renewed, a written notice of extension shall be provided 30 days prior to the expiration date; if the instrument is not to be renewed, and has not been released by the Zoning Officer, another acceptable financial guarantee in the appropriate amount shall be submitted at least 30 days prior to the expiration. The term of any extension shall be approved by the zoning officer. Upon receipt of an acceptable substitute financial guarantee, the Zoning Officer may release the original guarantee. (4) The amount of the financial guarantee shall be established by the Zoning Officer based upon an itemized estimate of the cost of all required work. A cash deposit or irrevocable letter of credit shall be in the amount of one hundred 125% of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the Zoning Officer. (5) The applicant may submit a separate financial guarantee for that portion of the required work consisting solely of Farmington Zoning Code 10 Procedures and Enforcement Page 383 of 403 landscaping improvements with another financial guarantee for all other exterior amenities and improvements which comprise the work. (6) The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide for forfeiture to the city to cure a default or reimburse the city the cost of enforcement measures. As various portions of such required work are completed by the applicant and approved by the City, the Zoning Officer may release such portion of the financial guarantee as is attributable to such completed work. Landscaping materials shall have a two year guarantee provided to the City. (7) The applicant shall notify the City in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the Zoning Officer shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the average standards for the particular industry, profession, or material used in the performance of the work. Any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of all landscape improvements, a notice of the date of actual completion shall be given to the applicant and appropriate action, to release or to reduce the amount of the financial guarantee shall be taken by the Zoning Officer. (1) Minnesota State Building Code The review and approval of site improvements pursuant to the requirements of City -adopted building and fire codes shall be in addition to the site plan review process established under this Section. The site plan approval process does not imply compliance with the requirements of these building and fire codes. (J) Plan Agreements 1. All site and construction plans officially submitted to the City shall be treated as a formal agreement between the building contractor and the City. 2. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior Farmington Zoning Code 11 Procedures and Enforcement Page 384 of 403 submission of a plan modification request to the Zoning Officer for review and approval. Significant changes as deemed by the Zoning Officer may be subject to Planning Commission review and approval. 10-12-5: CONDITIONAL USE PERMIT (A) Conditional uses, as specified within each zoning district, may be allowed or denied by the Board of Adjustment in accordance with the criteria and provisions listed herein. The Board of Adjustment may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the conditions of use to protect neighboring properties, and to achieve the objectives elsewhere in this Title. (B) Applications for conditional uses shall be filed with the Zoning Officer in accordance with Section 10-12-1 Common Procedures. (C) The Zoning Officer shall set a public hearing and forward copies of the application to the Board of Adjustment. (D) The Board of Adjustment shall review the application and approve, approve with conditions, or deny the application. (E) A conditional use shall be approved if it is found to meet the following criteria: 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Title. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons and shall comply with the performance standards listed below: (a) Fire prevention and fighting equipment acceptable to the board of fire underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on. (b) No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity. (c) Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public purpose shall be exempt from this requirement. (d) Vibrations detectable without instruments on neighboring property in any district shall be prohibited. (e) No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. Farmington Zoning Code 12 Procedures and Enforcement Page 385 of 403 (f) No pollution of air by fly ash, dust, smoke, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other property. (g) Lighting devices which produce objectionable direct lighting or reflect glare on adjoining properties or thoroughfares shall not be permitted. (h) No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. (i) Water pollution shall be subject to the standards established by the Minnesota Pollution Control Agency. 3. The proposed use shall be constructed, designed, sited, oriented, and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. 6. The proposed use shall preserve the objectives of this Title and shall be consistent with the comprehensive plan. (F) All conditional uses shall comply with the requirements of this Section. In order to determine whether a proposed use will conform to the requirements of this Title, the Board of Adjustment may obtain a qualified consultant to testify. Said consultant service fees shall be borne by the applicant. (G) Prior to the approval and issuance of a permit, there shall be executed by the applicant and submitted to the Zoning Officer, an agreement to construct required improvements, to dedicate property or easements, if any, to the City, and to comply with conditions as may have been established by the Board of Adjustment. 1. Such agreement shall be accompanied by surety acceptable to the City Administrator in the amount of the established costs of complying with the agreement. 2. The aforesaid agreement and surety shall be provided to guarantee completion and compliance with the conditions set forth in the permit within the time to be approved by the Board of Adjustment. 3. The amount of the surety may be increased or decreased by the Zoning Officer to reflect inflation, changed conditions, or compliance with permit conditions. Farmington Zoning Code 13 Procedures and Enforcement Page 386 of 403 (H) The approved site plan and all attached conditions shall be filed by the petitioner with the Zoning Officer within 30 days of final approval. Any development contrary to the approved plan shall constitute a violation of this Title. (1) Invalidation 1. If within one year from the date of granting a conditional use permit, upon recommendation of the Zoning Officer, substantial progress has not been made to implement its purpose, the Board of Adjustment shall declare the conditional use permit null and void. 10-12-6: INTERIM USE PERMIT (A) Applicability 1. The purpose of an IUP is to permit a use which would not be appropriate generally, but which may be allowed within a certain zoning district with appropriate restrictions. 2. An IUP is not intended to last indefinitely, but is meant to have a specific end date for when the use will no longer be allowed on the property. (B) Procedure 1. Uses defined as "interim uses" shall be processed according to the standards and procedures for zoning amendments as provided for in Section 10-12-9 Amendment (Text or Map) of this Chapter. (C) Permission and Conditions: The City Council, after receiving a recommendation from the Planning Commission, may grant permission and set conditions for an interim use of property if: 1. The use conforms to the zoning regulations, performance standards and other requirements; 2. The use meets the standards of a conditional use permit set forth in Section 10-12-5 Conditional Use Permit of this Chapter; 3. The date or event that will terminate the use can be identified with certainty; 4. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 5. The use will be subjected to, by agreement with the owner, any conditions that the city has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and an interim structure upon the expiration of the interim use permit. (D) Termination: An interim use permit shall terminate upon the occurrence of any of the following events, whichever occurs first: Farmington Zoning Code 14 Procedures and Enforcement Page 387 of 403 The date stated in the permit; or 2. A violation of conditions under which the permit was issued; or 3. A change in the City's zoning regulations which renders the use nonconforming as provided in Section 10-3-3 Nonconformities of this Title; or 4. Redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning districts. (E) Denial of Permit: No application for an interim use which has been denied wholly or in part by the City Council shall be resubmitted for a period of six months from the date of said order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the City Council. (F) Invalidation If within one year from the date of granting an interim use permit, upon recommendation of the Zoning Officer, substantial progress has not been made to implement its purpose, the City Council shall declare the interim use permit null and void. 10-12-7: VARIANCE (A) Applicability A variance is a request to depart from the literal provisions of this Ordinance. 2. Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person's land is located except that the temporary use of a one -unit dwelling as a two -unit dwelling may be authorized by variance. (B) The Board of Adjustment shall have the power to hear requests for variances from the requirements of any official control including restrictions placed on nonconformities. (C) Procedure for obtaining a variance from the regulations of this Title are as follows: 1. The property owner or agent shall file with the Zoning Officer an application as specified in Section 10-12-1 Common Procedures. 2. The Zoning Officer shall set a public hearing, transmit the application directly to the Board of Adjustment, and mail a notice to property owners adjacent to the subject property disregarding public rights of way. Failure of such owners to receive notice shall not invalidate the proceedings. Farmington Zoning Code 15 Procedures and Enforcement Page 388 of 403 3. The Board of Adjustment shall approve, deny, or approve under conditions accepted by the applicant. 4. The Board of Adjustment may impose conditions in granting of variances. A condition must be directly related to and bear a rough proportionality to the impact created by the variance. (D) Criteria for Approval 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when variances are consistent with the comprehensive plan. 2. Variances may be granted when the applicant for the variance establishes and the Board of Adjustment finds that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means: (a) That the property owner proposes to use the property in a reasonable manner not permitted by an official control; (b) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and (c) The variance, if granted, will not alter the essential character of the locality. (d) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. (e) Economic considerations alone do not constitute practical difficulties. (f) Variances shall be granted for earth sheltered construction as defined in state law when in harmony with this Code. 3. The particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this Title would cause practical difficulties. 4. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other properties within the same zoning classification. 5. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. 6. The requested variance is the minimum action required to eliminate the practical difficulties. (E) Invalidation Farmington Zoning Code 16 Procedures and Enforcement Page 389 of 403 1. If within one year from the date of granting a variance, upon recommendation of the Zoning Officer, substantial progress has not been made to implement its purpose, the Board of Adjustment shall declare the variance null and void. 10-12-8: PLANNED UNIT DEVELOPMENT (PUD) (A) Procedure: Pre -application Conference (a) Before submitting an application for a PUD, an applicant may confer with the Planning Staff to obtain information and guidance, before incurring substantial expense in the preparation of plans, surveys and other data. (b) A checklist will be provided to the prospective applicant as an indication of the written and graphic materials required for PUD consideration. 2. Schematic Plan: (a) Submittal: The applicant shall submit a Schematic Plan to the Zoning Officer prior to submitting a preliminary PUD application. 3. Schematic Plan Review and Action: (a) The Planning Commission shall review the application and make a recommendation to the City Council based on and including, but not limited to, the following: (1) Compatibility with the stated purposes and intent of the planned unit development. (2) Relationship of the proposed PUD to the neighborhood in which it is proposed to be located, to the City's land use plan, and to other provisions of the Zoning Ordinance. (3) Internal organization and adequacy of various uses or densities; circulation and parking facilities; public facilities, recreation areas, and open spaces. (b) The City Council shall act on the schematic plan after receipt of the plan from the Planning Commission. (c) If the schematic plan is approved, the applicant may proceed to the preliminary PUD plan. (B) Preliminary PUD Plan: 1. Application: Application for a preliminary PUD shall be filed with the Zoning Officer within six months of the approved schematic plan; the applicant may request an extension in writing to the City, decided upon by the City Council. The preliminary PUD plan shall be in Farmington Zoning Code 17 Procedures and Enforcement Page 390 of 403 substantial compliance with the schematic plan. In the event the preliminary plan is not in substantial compliance, a new schematic plan shall be submitted for review. (a) Phased PUD: The applicant may apply for preliminary approval for phases of the development, however, the first phase of the development shall cover at least 18% of the area approved as part of the schematic plan. (1) Phasing shall substantially follow the timeframe established within the approved schematic plan. (2) Once one phase of a PUD has been approved for final PUD plan, the applicant shall be required to submit an application for the preliminary PUD plan of the next phase within six months; the applicant may request an extension in writing to the City, decided upon the City Council. (3) No individual phase of a PUD plan may represent less than 20% of the area approved as part of the schematic plan. (b) Design Standards: All preliminary and final utility plans shall be drawn in accordance with Farmington engineering design criteria and standard specifications. 2. Review of Preliminary Plan: The Planning Commission shall hold a public hearing on the preliminary plan. The Planning Commission may recommend the Council approve, approve with conditions, or deny a preliminary plan for PUD based on the following considerations: (a) The consistency of the proposed PUD with the adopted comprehensive plan of the City. (b) The extent to which the proposed PUD is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character, and sufficiency of drainage and utilities. (c) The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area. (d) That any exceptions to the underlying zoning district's development standards are justified by the design or the development and meet one or more of the listed intents of a PUD in Section 10-8-1(A). (e) The sufficiency of each PUD phase's size, composition, and arrangement to ensure that its construction and operation is feasible without dependence upon any subsequent phase. (f) The burden or impact created by the PUD on parks, schools, streets, and other public facilities and utilities. Farmington Zoning Code 18 Procedures and Enforcement Page 391 of 403 (g) The impact of the PUD on environmental quality and on the reasonable enjoyment of the surrounding property. (h) The enhanced character of design of the PUD that explains the need for flexibility from the underlying zoning district's development standards. 3. City Council Action on Preliminary Plan: The City Council after receiving recommendation from the Planning Commission shall review the preliminary plan. The Council may recommend approval, approval with conditions, or deny a preliminary plan for PUD based on the following considerations: (a) The consistency of the proposed PUD with the adopted comprehensive plan of the city. (b) The extent to which the proposed PUD is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character, and sufficiency of drainage and utilities. (c) The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area. (d) That any exceptions to the underlying zoning district's development standards are justified by the design or the development and meet one or more of the listed intents of a PUD in Section 10-8-1(A). (e) The sufficiency of each PUD phase's size, composition, and arrangement to ensure that its construction, and operation is feasible without dependence upon any subsequent phase. (f) The burden or impact created by the PUD on parks, schools, streets, and other public facilities and utilities. (g) The impact of the PUD on environmental quality and on the reasonable enjoyment of the surrounding property. (h) The enhanced character of design of the PUD that explains the need for flexibility from the underlying zoning district's development standards. (C) Final Plan Approval: Submittal: A final plan shall be submitted with an application for final plan approval within one year of Council approval of the preliminary plan unless a written request for an extension is submitted by the applicant. If an application for final approval or a request for an extension is not received within one year, the preliminary plan will be considered abandoned and a new application for a preliminary plan must be submitted following the preliminary plan procedure. Farmington Zoning Code 19 Procedures and Enforcement Page 392 of 403 2. Application Review: The City Council shall review the final plan after filing of the application for final plan approval. 3. Substantial Compliance: The final plan shall be in substantial compliance with the approved preliminary plan. "Substantial compliance" shall mean: (a) The number of residential living units has not been increased. (b) The floor area of nonresidential uses has not been increased. (c) Open space has not been decreased or altered to change its original intended design or use. (d) All special conditions prescribed on the preliminary plan by the applicant or any of the reviewing bodies have been incorporated into the final plan. 4. Additional Data and Documents: The application for final plan approval shall be accompanied by the following data and documents: (a) All the information contained in the preliminary plan plus any alterations or corrections required by the City Council. (b) Proposed zoning changes with legal descriptions of all district boundaries. (c) Deed restrictions, covenants, agreements, bylaws or proposed homeowners' associations and other documents controlling the use of property, type of construction, or development of the activities of future residents. (d) A signed and executed developer's agreement. (e) A subdivision plat suitable for recording in the office of the register of deeds of the County. 5. Annual Review: The Planning Commission shall review all PUD districts within the City at least once each year until project completion and shall make a report to the City Council on the status of the development in each of the PUD districts. If the City Council finds that development has not occurred within a reasonable time after the original approval, the City Council may instruct the Planning Commission to initiate rezoning to just the underlying zoning district by removing the PUD overlay district from the official zoning map. 6. Amendments and Control: (a) Amendments may be made in the approved final plan when they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the city. Farmington Zoning Code 20 Procedures and Enforcement Page 393 of 403 (b) Minor changes in the location, siting and height of buildings and structures may be authorized by the Zoning Officer if required by engineering or other unforeseen circumstances. (c) All other changes in use, rearrangement of lots, blocks and open space must be authorized by the City Council under procedures outlined for amendment of the Zoning Code. 10-12-9: AMENDMENT (TEXT OR MAP) (A) Procedure: This Title may be amended whenever the public necessity and convenience and the general welfare require such amendment. 1. Before any amendment is adopted, the Planning Commission shall hold at least one public hearing thereon, after a notice of the hearing has been published in the official newspaper at least 10 days before the hearing, and, in the case of district boundary amendments, after a notice has been mailed to property owners within 350 feet of the subject property. 2. Following the hearing, the Planning Commission shall report its findings and recommendations on the proposed amendment to the City Council. 3. Upon filing of such report, the City Council may hold such public hearings upon the amendment. 4. After the conclusion of the hearings, if any, the City Council may adopt the amendment or any part thereof in such form as it deems advisable. 5. The amendment shall be approved in accordance with the voting requirements of MN Statutes Section 462.357, subdivision 2. 6. The Council may, by resolution, deny a proposed amendment and include the findings and reasons for denial in the resolution. The findings shall outline the ways in which the proposed use fails to meet the standards and intent of this Title and is otherwise injurious to the public health, safety and welfare. (B) Amendments Adopted 10-12-10: ENFORCEMENT (A) Penalties 1. Any violation of this title may be enjoined by the City Council through proper legal channels and any person who violates this title shall be guilty of a misdemeanor and upon conviction thereof be punished to the maximum as provided by law. Each day a violation is permitted to exist shall constitute a separate offense. Farmington Zoning Code 21 Procedures and Enforcement Page 394 of 403 (B) Remedies 1. The Zoning Officer shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this Title has been officially documented by the building official. 2. In case any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Title, the City Council, in addition to other remedies, may institute in the name of the City, any appropriate action or proceeding to prevent, restrain, correct, or abate such building structure or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation. Farmington Zoning Code 22 Procedures and Enforcement Page 395 of 403 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE 2026-008 AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE FARMINGTON ZONING ORDINANCE, ADOPTING A NEW OFFICIAL ZONING DISTRICT MAP The City Council of the City of Farmington ordains: SECTION 1. The zoning map of the City of Farmington established by the City Code, Section 10-3-1 (B), is amended by deleting the existing City of Farmington Zoning Map and adopting the new Official Zoning District Map which is attached hereto and incorporated herein as Exhibit "A". SECTION 2. EFFECTIVE DATE. This ordinance shall be effective immediately upon its passage. Passed by the City Council of the City of Farmington, Minnesota, this 21 It day of September 2026. ATTEST: Nicholas Lien, Mayor Melissa Geis, City Clerk Page 396 of 403 3 �79th St W Lakeville Tr I Up ® .19 - .III .......'�_�-,,`IIII=- •._:%.Pn'1' ■nnm: u■:�P. I �`_� Sou.'. •.. ' Ln �i�• ■ ,�� .:.:.:inn. �)•i10,. \ \�-7■:��.��' . ., :pia 1 7 � - Cps .•�'.�. O�;i' :_ gnu..•• .gigp. nln ■ rp�U.�'•. �Gi1_���: � mnP :U:i , mp��4pbp q1,-1 :gip.. ��C 1� � •11+ ...m .�.�,:i • _. lip.. .r�,:lii • � � D gyp. � p .. - - �IIIIII111111111111 111� •■►. �■IIII► `t"-i1il�,,•��•.Illnr�� �111__=�11�■n �: - , III- � � . ,.I.Illllq� - ==-G. •''F• 1►111,=:' �m•:ml�. o%- °,,,.,: �„ '.,IIII"�` _ _.. 1 = _ill:- ' - - ���: - lu• •-► \I and i� L\ IIIII '. ■- ..r !'..11^loon •� ' N•pp �.,�' .i,. �4i a .p wl• . ' ;III•„\.•\ �= iu�n► IGm I.n� � / � : I,1111111 �iiiii innm I 1 �■ Illll: i�/ ��Y 111•-!Ill: :1 �• IIIIIIIIIIIIIII I I. I � l!il i• i IIIII glllllllll ■ l ' _ III '�r — i //� !il! e_ � 1 I. IIII � — ' .J`' Ii i � ., • \\III"I II / IIII 1 •. IIII IIVIII 111 �� �11�1 _\._ -.� m -111 �I - ..I III ■ IIII: :1 � !• II � ' / 4 1!= IIIII .IIIIII III'• _ '-- - � _ -_�• I% -III i��� �y��l__= _i-'-=- �__ ■ _, ?_.I: - __::; INS veRod 42 Castle Rock Twp. • - • y '-IIIIIIIIIi 1 1• • • 1- • •. 1 1• • 1- Proposed Zoning - Citywide 1 0.5 0 N City of Farmington, Dakota County Miles Page 397 A 3 CITY OF 430 Third St., Farmington_ MN 55024 FARMINGTON (&) 651-280-6800 TFarmingtonWgov REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Preliminary 2027 General Fund Budget and Tax Levy Meeting: Regular Council - Sep 21 2026 INTRODUCTION: State Statute requires that the proposed property tax levy for the upcoming year be certified to Dakota County by September 30, 2026. The City Council is requested to approve the 2027 preliminary property tax levy, which will be reflected in the proposed property tax statements sent to taxpayers in November. The final levy, adopted in December, may not exceed the preliminary amount. DISCUSSION: The proposed 2027 preliminary property tax levy totals $21,691,146 and reflects the City Council's guidance to maintain the services residents depend on while keeping the local tax rate near last year's level, close to 50% and relying on data -driven decisions to guide budget development. As consistent with recent years, personnel -related costs, including wages and continued increases in employee health insurance, remain a major driver of operating expenses. Inflation continues to affect the cost of fuel, utilities, contracted services, equipment and materials required for daily operations. The cost pressures influence every department and underscore the need for careful review of all budget requests. The proposed 2027 General Fund budget is $21,060,553, supported by a levy allocation of $16,625,583 to fund general operations. Remaining levy amounts are designated to address long- term capital and maintenance needs. The various allocations shown in the pie chart below illustrate how the overall levy supports essential operations as well as critical infrastructure and facility needs. Levy Allocation Breakdown Page 398 of 403 $250,01 $210.00 ■ General Operations ■ Capital Equipment ■ Capital Projects ■ Economic Development ■ Building Maintenance ■ Trail Maintenance ■ Pavement Maintenance ■ Debt Service To help offset increases, the City will again use existing fund balances to reduce the debt levy. In total, nearly $425,000 in existing funds will be applied to various debt issues, lowering the portion supported by property taxes. This approach helps keep the tax rate closer to Council's target while meeting required bond obligations. The 2027 estimated market value, based on assessments as of January 2026, for the average homestead increased by an average of 2.44% to an estimated $370,300. Under the proposed levy, the City portion of property taxes on an average -value home is estimated to increase by $63 per year (or slightly more than $5 per month). The actual impact of the City's levy will vary based on individual property value changes relative to the community overall. The 2027 budget continues the City's long-term commitment to maintaining infrastructure, funding public safety, and addressing facility needs. Key capital priorities supported through levy and non - levy funding include street reconstruction and pavement maintenance, trail improvements, park projects, and facility repairs identified through recent condition assessments. Overall, the proposed levy reflects a balance approach, managing rising service costs, incorporating Council direction to maintain a reasonable tax rate, and sustaining service levels residents expect. Additional details will be provided during the council meeting presentation. BUDGET IMPACT: Adopting the proposed preliminary levy of $21,691,146 establishes the maximum amount the City may certify in December for taxes payable in 2027. While the levy may be reduced prior to final adoption, it cannot be increased after preliminary certification. ACTION REQUESTED: Staff recommends that the City Council approve Resolution 2026-076 Adopting the Preliminary 2027 Budget and Setting the Preliminary Tax Levy Collectible in 2027. Page 399 of 403 Set the public input meeting for the final 2027 budget and tax levy to be held on Monday, December 7, 2026, at 7:00 pm. ATTACHMENTS: 2026-076 Adopting Preliminary 2027 Budget Page 400 of 403 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-076 RESOLUTION ADOPTING THE PRELIMINARY 2027 BUDGET AND SETTING THE PRELIMINARY TAX LEVY COLLECTIBLE IN 2027 WHEREAS, the City of Farmington is required by Minnesota State Statute to adopt a preliminary budget and certify a maximum proposed tax levy to the County Auditor on or before September 30; and WHEREAS, the City Council has reviewed the 2027 preliminary budget and proposed tax levy; and WHEREAS, the City Council shall use existing City funds of $125,000 to meet the annual debt obligations for 2015A GO Street Reconstruction Bonds, thereby reducing the total debt levy issued and collected from property taxes to $164,643; and WHEREAS, the City Council shall use existing City funds of $90,000 to meet the annual debt obligations for 2016B GO Capital Improvement Plan Refunding Bonds, thereby reducing the total debt levy issued and collected from property taxes to $579,375; and WHEREAS, the City Council shall use existing City funds of $74,598 to meet the annual debt obligations for 2022A GO Bonds, thereby reducing the total debt levy issued and collected from property taxes to $260,908; and WHEREAS, the City Council shall use existing City funds of $135,000 to meet the annual tax abatement obligations for 2022A GO Bonds, thereby reducing the total abatement levy issued and collected from property taxes to $0; and NOW, THEREFORE, BE IT RESOLVED that the preliminary 2027 budget is hereby set at $81,955,934. BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Farmington that $21,691,146 be levied in 2026, collectible in 2027, upon the taxable property in said City of Farmington for the following purposes: General Operations $16,625,583 Economic Development $ 250,000 Capital Project Reserve $ 75,000 Page 401 of 403 Resolution No. 2026-076 Page 2 of 3 Capital Equipment $ 780,000 Facilities Capital Improvement $ 1,521,346 Fire Capital Projects $ 75,000 Recreation Capital Projects $ 60,000 Trail Maintenance $ 230,000 Pavement Maintenance $ 318,750 Debt Service $ 1,755,467 Adopted by the City Council of the City of Farmington, Minnesota, this 21 st day of September 2026. ATTEST: Nicholas Lien, Mayor Melissa Geis, City Clerk Page 402 of 403 Resolution No. 2026-076 Page 3 of 3 2027 DEBT SERVICE LEVY Fund Project Levy Amount 312 2016B GO Refunding Bond $ 579,375 322 2015A GO Improvement Bond 164,643 323 2022A GO Street Reconstruction Bonds 260,907 324 2024A GO Street Reconstruction Bonds 191,415 325 2025A GO Street Reconstruction Bonds 392,648 342 2022A GO Tax Abatement Bonds 0 344 2024A GO Tax Abatement Bonds 76,478 Total Debt Levy $1,665,465 342 2022A GO Tax Abatement Bonds $ 0 344 2024A GO Tax Abatement Bonds 90,000 Total Abatement Levy $ 90,000 Total Debt Levy and Tax Abatement Levy $1,755,465 Page 403 of 403