HomeMy WebLinkAboutCity Council Ordinance 2010-21CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE N0. 2010-21
AN ORDINANCE AMENDING CHAPTERS 5, 101 AND 21 OF THE PLYMOUTH CITY CODE
RELATING TO DEVELOPMENT FEES (2010081)
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Amendment. Section 510.01, Subd. 1 of the Plymouth City Code
(PRELIMINARY PLAT—PRELIMINARY PLAT PROCEDURE) is amended as follows:
Subd. 1. Filin . A preliminary plat application shall be filed with the Zoning
Administrator on an official application form. The application shall be accompanied by a fee and
a cash escrow as set forth in Section 1015 of this Code. Costs of city time and materials
expended in reviewing and processing the preliminary plat application shall be charged against
the cash escrow account and credited to the city. If, at any time, the balance in the cash escrow
account is depleted to less than 10% of the originally required cash escrow amount, the applicant
shall deposit additional funds in the cash escrow account as determined by the Zoning
Administrator. Any balance remaining in the cash escrow account upon completion of the
preliminary plat review process shall be returned to the applicant after all claims and charges
thereto have been deducted. The application shall also be accompanied by detailed written and
graphic materials, the number and size as prescribed by the Zoning Administrator, fully
describing the proposed plat, together with a set of mailing labels of all property owners located
within 750 feet of the site in a format prescribed by the Zoning Administrator. The application
shall be considered as being officially submitted and complete when the subdivider has complied
with all the specified submittal requirements, as described in this Section. If the subdivision
requires any variances from the provisions of this Chapter, an application pursuant to Section 516
of this Chapter shall also be submitted before the preliminary plat application shall be deemed
complete.
SECTION 2. Amendment. Section 510.03, Subd. 3 of the Plymouth City Code
(PRELIMINARY PLAT— APPLICATION REQUIREMENTS) is amended as follows:
Subd. 3. Additional Cash Deposits. In addition to the fees required by Section 510.01 of
this Section, the applicant shall deposit with the City the estimated cost of any consultant review
of the preliminary plat that may be necessary to determine compliance with this Chapter or with
the City's Comprehensive Plan, including but not limited to planning, engineering or traffic
studies.
(1)
SECTION 3. Amendment. Section 512.01, Subd. 2 of the Plymouth City Code (FINAL
PLAT PROCEDURE—FINAL PLAT PROCEDURE) is amended as follows:
Subd. 2. Filing. A final plat application shall be filed with the Zoning Administrator on
an official application form. The application shall be accompanied by a fee as set forth in
Section 1015 of this Code. The application shall also be accompanied by detailed written and
graphic materials, the number and size as prescribed by the Zoning Administrator, that describe
the final plat. The application shall be considered as being officially submitted and complete
when the subdivider has complied with all the specified submittal requirements, as described in
this Section.
SECTION 4. Amendment. Section 512.03, Subd. 3 of the Plymouth City Code (FINAL
PLAT PROCEDURE— APPLICATION REQUIREMENTS) is amended as follows:
Subd. 3. Additional Cash Deposits. In addition to the fees required by Section 512.01 of
this Section, the applicant shall deposit with the City the estimated cost of any consultant review
of the final plat that may be necessary to determine compliance with this Chapter or with the
City's Comprehensive Plan, including but not limited to planning, engineering or traffic studies.
SECTION 5. Amendment. Section 520.09, Subd. 1 of the Plymouth City Code
(ADMINISTRATION - APPEALS—PROCEDURE) is amended as follows:
Subd. 1. The property owner or their agent shall file with the Zoning Administrator a
notice of appeal stating the specific grounds upon which the appeal is made.
SECTION 6. Amendment. Section 522.09, Subd. 5 of the Plymouth City Code
(DEVELOPMENT CONTRACT—FINANCIAL GUARANTEES) is amended as follows:
Subd. 5. City Installed Improvements. For basic improvements to be installed by the
City, the required cash deposit and financial guarantee shall be the sum of the following fixed or
estimated costs:
(a) A cash deposit in an amount equal to the estimated cost to prepare the preliminary
engineering report, as determined by the City Engineer. Such cash deposit shall be made
prior to the start of the preliminary engineering report. The subdivider's cash deposit
shall be forfeited to the extent of the costs incurred by the City in processing the
engineering reports required for the proposed project should the subdivider withdraw or
otherwise fail to secure the approvals necessary for the project to proceed. Should the
project not be ordered by the City for reasons unrelated to the failure or inability of the
subdivider to proceed, the deposit minus any costs incurred in preparing the report shall
be refunded to the subdivider.
(2)
(b) A cash deposit in an amount equal to 25 percent of the estimated cost of installing
the specified public improvements as determined by the City Engineer, which costs would
include charges incurred by the City for legal, planning, engineering and administration
associated with the installation project(s). The deposit shall be applied to the costs of
such installations, with the remainder of the costs specially assessed, in the manner
provided by Minnesota Statutes, over a period of five years together with interest thereon.
(c) In lieu of the cash deposit as required in (b) above, the subdivider may elect to
have the City provide 100 percent of the cost of such installations, which costs shall be
assessed over a period of five years. In such event, the subdivider shall post a letter of
credit for 60 percent of the cost of assessments, which letter of credit shall be released
after the subdivider pays the principal and interest on said assessments for two years and
which letter of credit shall be separate from any other letters of credit associated with the
subdivider's project.
SECTION 7. Amendment. Section 522.11 of the Plymouth City Code (DEVELOPMENT
CONTRACT—ADMINISTRATION OF DEVELOPMENT CONTRACT) is amended as
follows:
522.11. Administration of Development Contract. The subdivider shall, upon execution
of the Development Contract, provide to the City of Plymouth a cash escrow to pay for the costs
of administering the Development Contract. Administrative costs include but are not limited to
preparation of the contract, city recording fees for documents required as part of the
development, monitoring of construction observation, consultation with the Developer and
his/her engineer on status or problems regarding the project, plan review, coordination for testing,
final inspection and acceptance, project monitoring during warranty periods, and processing
requests for reduction or release of security, for all public improvements covered by the
development contract. The cash escrow shall equal 4% of the estimated cost of proposed public
improvements, as identified in the development contract. Administrative costs shall be charged
against the cash escrow account and credited to the city. If, at any time prior to completion of the
development contract administration process, the balance in the cash escrow account is depleted
to less than 10% of the originally required cash escrow amount, the Developer shall deposit
additional funds in the cash escrow account as determined by the Zoning Administrator. Any
balance remaining in the cash escrow account upon completion of the development contract
administration process shall be returned to the Developer after all claims and charges thereto
have been deducted.
SECTION 8. Amendment. Section 10 15.23, Subd. 2 of the Plymouth City Code (PERMIT
PROCEDURE AND FEES—ZONING AND SUBDIVISION FEES: SPECIAL PROVISIONS)
is amended as follows:
Subd. 2. Fees.
(a) Administrative Permit Fee —for
Special/ Temp. Outdoor Events: $50.
(3)
(b) Administrative Permit Fee –Other:
(c) Comprehensive Plan
Amendment Fee:
(d) Conditional Use Permit Fee
(New or Amendment)
(e) Environmental Review Fee
(EAW, EIS, and AUAR)
(f) Home Occupation License Fee:
(g) Interim Use Permit Fee:
(h) Natural Preserve Fee:
(i) Planned Unit Development Fees:
--PUD General Plan:
--PUD Amendment to existing
1- or 2 -family PUDs:
--PUD Amendment (excludes 1- or
2 -family PUDs):
--PUD Final Plan:
--Minor Plan Modification:
$50 for residential uses,
$100 for all other uses.
$200, plus $1,500 cash escrow.*
(Applicant must also pay separately for
entire cost of traffic study, if required.)
$400 for residential uses,
$500 for all other uses,
$35 for renewals.
(Applicant must also pay separately for
entire cost of traffic study, if required.)
$200, plus $4,000 cash escrow.*
(Applicant must also pay separately for
entire cost of traffic study, if required.)
$100 for new applications,
$35 for renewals.
$400 for residential uses,
$500 for all other uses,
$35 for renewals.
$75 for 1- and 2- family lots,
$150 for all other lots.
$300, plus $3,000 cash escrow.*
$200.
$300, plus $3,000 cash escrow.*
$150.
$100.
(j) Platting Fees:
--Preliminary Plat -3 lots or fewer: $300, plus $2,000 cash escrow.*
--Preliminary Platte or more lots: $300, plus $5,000 cash escrow.*
--Final Plat -3 lots or fewer: $200, plus $2,000 cash escrow.*
--Final Platte or more lots: $300, plus $5,000 cash escrow.*
(k) Pre -Application Sketch
Review Fee: $200, plus $2,000 cash escrow.*
(4)
(1) Site Plan Fees:
--Major (new or amendment)
--Minor (new or amendment)
--Plan Modification:
(m) Vacation Fee:
(Rights -of -Way or Easements)
(n) Variance Fees:
--Noise Variance:
--Subdivision Code Variance:
--Zoning Ordinance Variance:
(o) Wetland Review Fees:
--Delineation Report:
--Reclassification Request:
--Wetland Replacement Plan:
(p) Zoning Amendment Fees:
--Map Amendment (Rezoning):
--Text Amendment:
$200, plus $3,000 cash escrow.*
$200.
$100.
$450, plus $110 per new easement required
to be recorded.
$50 if for 3 days or fewer,
$100 if for 4 days or more.
$150.
$200 for 1- and 2 -family lots,
$300 for all other lots.
$100.
$100.
$300, plus $2,000 cash escrow.*
$700.
$300.
* When multiple applications are applied for at the same time, the City collects one cash
escrow in the amount of the largest escrow required for the overall proposal (e.g., a proposal
that includes both a comprehensive plan amendment and a PUD general plan would require
one cash escrow in the amount of $3,000).
SECTION 9. Amendment. Section 21010.01, Subd. 1 of the Plymouth City Code
(ADMINISTRATION - AMENDMENTS (TEXT AND MAP)—PROCEDURES) is amended as
follows:
Subd. 1. Requests for zoning (text or map) amendments shall be filed with the
Zoning Administrator on an official application form. The applicant's signature shall be
provided on the application form. Additionally, if the applicant is not the fee owner of the
property, the fee owner's signature shall also be provided on the application form, or the
applicant shall provide separate written and signed authorization for the application from the fee
owner. Any such application for a text amendment shall be accompanied by 1) a fee as set forth
in the City Code, and 2) detailed written and graphic materials, the number and size as prescribed
by the Zoning Administrator, fully explaining the proposed change. Any such application for a
map amendment shall be accompanied by 1) a fee as set forth in the City Code, 2) detailed
written and graphic materials, the number and size as prescribed by the Zoning Administrator,
fully explaining the proposed change, development, or use, and 3) two copies of a list of property
(5)
owners located within 750 feet of the subject property in a format prescribed by the Zoning
Administrator. The application shall be considered as being officially submitted and complete
when the applicant has complied with all the specified information requirements. (Amended by
Ord. No. 2004-02, 01/13/04)
SECTION 10. Amendment. Section 21025.02, Subd. 1 (b) of the Plymouth City Code
(ADMINISTRATION – ADMINISTRATIVE PERMITS AND APPROVALS—
ADMINISTRATIVE PERMITS) is amended as follows:
(b) The application shall be accompanied by a fee as set forth in the City Code.
SECTION 11. Amendment. Section 21030.04, Subd. 2 (a) of the Plymouth City Code
(ADMINISTRATION – VARIANCES—PROCEDURES) is amended as follows:
(a) Minor Variances.
(1) Requests for a minor variance shall be filed with the Zoning Administrator
on an official application form. The applicant's signature shall be provided on the
application form. Additionally, if the applicant is not the fee owner of the
property, the fee owner's signature shall also be provided on the application form,
or the applicant shall provide separate written and signed authorization for the
application from the fee owner. Such application shall be accompanied by a fee
as set forth in the City Code. The application shall be considered as being
officially submitted and complete when the applicant has complied with all the
specified informational requirements, which shall include the following:
(Amended by Ord. No. 2004-02, 01/13/04)
a. A written description of the request for the minor variance,
including an explanation of compliance with the variance criteria set forth
in this Section.
b. Supporting materials, as outlined in Section 21045.07 of this
Chapter, as determined by the Zoning Administrator as applicable to be
necessary for the complete and clear definition and understanding of the
request.
(2) The Zoning Administrator shall have the authority to request additional
information from the applicant concerning operational factors or to retain expert
testimony with the consent and at the expense of the applicant concerning
operational factors, said information to be declared necessary to establish
performance conditions in relation to all pertinent sections of this Chapter.
(3) When appropriate, the Zoning Administrator shall instruct the appropriate
staff persons to prepare technical reports.
(6)
(4) The Board shall grant to the Zoning Administrator the right to approve the
minor variance upon determining that the criteria outlined in Section 21030.03,
Subd. 1 have been satisfactorily met. Additionally, the Board shall grant to the
Zoning Administrator the right to deny the minor variance upon determining that
the criteria outlined in Section 21030.03, Subd. 1 have not been met.
(5) Notice of such minor variance request shall be sent by the Zoning
Administrator to all adjoining property owners within two hundred (200) feet of
the boundary of the property in question.
(6) The notice shall specify that any written objections to the minor variance
be received by the Zoning Administrator within fourteen (14) days of the mailing.
If any written objection of a substantive nature is received within fourteen (14)
days and is unresolved between the person objecting and the Zoning
Administrator, the final approval of the requested minor variance, as well as any
minor variance which is denied by the Zoning Administrator, shall be referred to
the Board and processed according to the provisions of Section 21030.04, Subd. 2
(b) of this Chapter.
SECTION 12. Amendment. Section 21030.04, Subd. 2 (b) (1) of the Plymouth City Code
(ADMINISTRATION – VARIANCES—PROCEDURES) is amended as follows:
(1) Requests for a major variance shall be filed with the Zoning Administrator
on an official application form. The applicant's signature shall be provided on the
application form. Additionally, if the applicant is not the fee owner of the
property, the fee owner's signature shall also be provided on the application form,
or the applicant shall provide separate written and signed authorization for the
application from the fee owner. Such application shall be accompanied by a fee
as set forth in the City Code. The application shall be considered as being
officially submitted and complete when the applicant has complied with all the
specified informational requirements, which shall include the following:
(Amended by Ord. No. 2004-02, 01/13/04)
a. A written description of the request for the major variance,
including an explanation of compliance with the variance criteria set forth
in this Section.
b. Supporting materials, as outlined in Section 21045.07 of this
Chapter, as determined by the Zoning Administrator as applicable to be
necessary for the complete and clear definition and understanding of the
request.
(7)
SECTION 13. Amendment. Section 21035.05, Subd. 1 of the Plymouth City Code
(ADMINISTRATION – APPEALS—PROCEDURE) is amended as follows:
Subd. 1. The property owner or their agent shall file with the Zoning Administrator
a notice of appeal stating the specific grounds upon which the appeal is made.
SECTION 14. Amendment. Section 21040.03, Subd. 4 (a) (1) of the Plymouth City Code
(ENVIRONMENTAL REVIEW—ENVIRONMENTAL ASSESSMENT WORKSHEETS
(EAWs)) is amended as follows:
(1) If the Zoning Administrator determines that an EAW shall be prepared, the
proposer of the project shall submit an "Application for Environmental Review"
along with the completed data portions of the EAW. An EAW shall be
accompanied by a fee and a cash escrow as set forth in the City Code. Costs of
city time and materials expended in reviewing and processing the application shall
be charged against the cash escrow account and credited to the city. If, at any
time, the balance in the cash escrow account is depleted to less than 10% of the
originally required cash escrow amount, the project proposer shall deposit
additional funds in the cash escrow account as determined by the Zoning
Administrator. Any balance remaining in the cash escrow account upon
completion of the EAW process shall be returned to the project proposer after all
claims and charges thereto have been deducted.
SECTION 15. Amendment. Section 21040.04, Subd. 4 (a) of the Plymouth City Code
(ENVIRONMENTAL REVIEW—ENVIRONMENTAL IMPACT STATEMENTS (EISs)) is
amended as follows:
(a) All projects requiring an EIS must have an EAW on file with the City, which will
be used to determine the scope of the EIS. All EISs shall be prepared according to the
procedures and requirements of the State Environmental Review Program, Rules
4410.2100-4410.3000, as may be amended. An EIS shall be accompanied by a fee and a
cash escrow as set forth in the City Code. Costs of city time and materials expended in
reviewing and processing the application shall be charged against the cash escrow
account and credited to the city. If, at any time, the balance in the cash escrow account is
depleted to less than 10% of the originally required cash escrow amount, the project
proposer shall deposit additional funds in the cash escrow account as determined by the
Zoning Administrator. Any balance remaining in the cash escrow account upon
completion of the EIS process shall be returned to the project proposer after all claims
and charges thereto have been deducted.
(8)
SECTION 16. Amendment. Section 21045.03, Subd. 3 of the Plymouth City Code (SITE
PLAN REVIEW—PRE-APPLICATION SKETCH REVIEW) is amended as follows:
Subd. 3. Requests for pre -application sketch review shall be submitted to the
Zoning Administrator. The sketch shall be accompanied by a fee and a cash escrow as set forth
in the City Code. Costs of city time and materials expended in reviewing and processing the
sketch shall be charged against the cash escrow account and credited to the city. If, at any time,
the balance in the cash escrow account is depleted to less than 10% of the originally required
cash escrow amount, the project proposer shall deposit additional funds in the cash escrow
account as determined by the Zoning Administrator. Any balance remaining in the cash escrow
account upon completion of the pre -application sketch review process shall be returned to the
project proposer after all claims and charges thereto have been deducted. If the sketch is to be
reviewed by the Planning Commission and/or City Council, as determined by the Zoning
Administrator, the sketch shall also be accompanied by a list of property owners within a
specified distance of the subject property in a format prescribed by the Zoning Administrator.
The specified distance shall be consistent with the greatest distance required for the applications
that the proposed development would require.
SECTION 17. Amendment. Section 21045.05, Subd. 2 (a) of the Plymouth City Code (SITE
PLAN REVIEW—MAJOR PROJECTS) is amended as follows:
(a) Requests for site plan approval, as provided within this Chapter, shall be filed
with the Zoning Administrator on an official application form. The applicant's signature
shall be provided on the application form. Additionally, if the applicant is not the fee
owner of the property, the fee owner's signature shall also be provided on the application
form, or the applicant shall provide separate written and signed authorization for the
application from the fee owner. Such application shall be accompanied by a fee and a
cash escrow as set forth in the City Code. Costs of city time and materials expended in
reviewing and processing the application shall be charged against the cash escrow
account and credited to the city. If, at any time, the balance in the cash escrow account is
depleted to less than 10% of the originally required cash escrow amount, the applicant
shall deposit additional funds in the cash escrow account as determined by the Zoning
Administrator. Any balance remaining in the cash escrow account upon completion of
the site plan review process shall be returned to the applicant after all claims and charges
thereto have been deducted. Such application shall also be accompanied by 1) detailed
written and graphic materials, the number and size as prescribed by the Zoning
Administrator, fully explaining the proposed change, development, or use, and 2) a list of
property owners within two hundred (200) feet of the subject property in a format
prescribed by the Zoning Administrator. The request shall be considered as being
officially submitted and complete when the applicant has complied with all the specified
information requirements.
(9)
SECTION 18. Amendment. Section 21045.08, Subd. 2 of the Plymouth City Code (SITE
PLAN REVIEW—PLAN MODIFICATIONS) is amended as follows:
Subd. 2. Procedures. Pursuant to Minnesota Statutes 15.99, an application for plan
modification shall be approved or denied within sixty (60) days from the date of its official and
complete submission unless extended pursuant to Statute or a time waiver is granted by the
applicant. Requests for plan modification, as provided within this Chapter, shall be filed with the
Zoning Administrator on an official application form. The applicant's signature shall be
provided on the application form. Additionally, if the applicant is not the fee owner of the
property, the fee owner's signature shall also be provided on the application form, or the
applicant shall provide separate written and signed authorization for the application from the fee
owner. Such application shall be accompanied by a fee as set forth in the City Code. (Amended
by Ord. No. 2004-02, 0/13/04)
SECTION 19. Amendment. Section 21045.10 of the Plymouth City Code (SITE PLAN
REVIEW—SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL
GUARANTEE) is amended as follows:
21045.10. SITE IMPROVEMENT PERFORMANCE AGREEMENT AND
FINANCIAL GUARANTEE: Following the approval of the site plan required by this Chapter
and before issuance of a building permit, the applicant, as may be applicable, shall guarantee to
the City the completion of all 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 (SIPA) and a financial guarantee as provided below:
Subd. 1. 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 reflect the terms of this Section as to the
required guarantee for the performance of the work by the applicant.
Subd. 2. The required work includes, but is not limited to, private exterior
amenities such as landscaping, private driveways, parking areas, recreational fields and their
related structures, drainage systems, sidewalks, retaining walls, utility service, water 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. (Amended by Ord. No 2007-05, 01/23/07)
Subd. 3. A financial guarantee shall be submitted with the executed site
improvement performance agreement as provided herein:
(a) 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 Administrator.
(10)
(b) 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
Administrator 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. (Amended by Ord. No. 2002-02, 01/22/02)
(c) When any instrument submitted as a financial guarantee contains provision for an
automatic expiration date, after which the instrument may not be drawn upon, not
withstanding the status of the site improvement performance agreement or of the required
work, the expiration date shall be October 31; further, it shall be the responsibility of the
applicant to notify the City in writing, by certified mail, at least sixty (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 thirty (30) days prior to the expiration date; if the instrument is not to be
renewed, and has not been released by the Zoning Administrator, another acceptable
financial guarantee in the appropriate amount shall be submitted at least thirty (30) days
prior to the expiration. The term of any extension shall be approved by the Zoning
Administrator. Upon receipt of an acceptable substitute financial guarantee, the Zoning
Administrator may release the original guarantee.
(d) The amount of the financial guarantee shall be established by the Zoning
Administrator 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 (100)
percent of the approved estimated cost. The amount of any other approved financial
instrument shall be determined by the Zoning Administrator.
(e) The applicant may submit a separate financial guarantee for that portion of the
required work consisting solely of landscaping improvements with another financial
guarantee for all other exterior amenities and improvements which comprise the work.
Subd. 4. 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 Administrator may release such portion of the
financial guarantee as is attributable to such completed work. Landscaping improvements shall
not be deemed complete until the City has verified survivability of all required plantings through
one (1) winter season which is defined for the purpose of this Section as the period October 31
through April 30.
Subd. 5. At the time of execution of the agreement and prior to the issuance of
building permits, the applicant shall provide to the City of Plymouth a cash escrow to pay for the
costs of administering the site improvement performance agreement. Administrative costs
include but are not limited to preparation of the agreement, city recording fees for documents
required as part of the project, monitoring of construction observation, consultation with the
applicant and his/her engineer on status or problems regarding the project, plan review, final
inspection and acceptance, and processing requests for reductions or release of the financial
guarantee. The cash escrow shall equal 2% of the estimated cost of proposed improvements, as
identified in the agreement. Administrative costs shall be charged against the cash escrow
account and credited to the city. If, at any time prior to completion of the site improvement
performance agreement administration process, the balance in the cash escrow account is
depleted to less than 10% of the originally required cash escrow amount, the applicant shall
deposit additional funds in the cash escrow account as determined by the Zoning Administrator.
Any balance remaining in the cash escrow account upon completion of the site improvement
performance agreement administration process shall be returned to the applicant after all claims
and charges thereto have been deducted.
Subd. 6. In addition to completion of all required site improvements, a full release
of the financial guarantee shall not occur until the applicant has furnished the City with the
applicable record drawings, in accordance with the City's Engineering Guidelines.
Subd. 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 Administrator 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, appropriate action to reduce or release the amount of the financial guarantee shall
be taken by the Zoning Administrator.
SECTION 20. Amendment. Section 21655.06 of the Plymouth City Code (PUD, PLANNED
UNIT DEVELOPMENT DISTRICT—GENERAL PLAN) is amended as follows:
21655.06 GENERAL PLAN: A PUD general plan is a plan and supportive text depicting
general land use, circulation, open space, utilities, etc. for parcels of land within a PUD.
Subd. 1. Application Procedure: PUD zoning applications shall be processed
according to the evaluation criteria and procedures outlined in Section 21010.01 of this Chapter.
The general plan shall be accompanied by a fee and a cash escrow as set forth in the City Code.
Costs of city time and materials expended in reviewing and processing the general plan
application shall be charged against the cash escrow account and credited to the city. If, at any
time, the balance in the cash escrow account is depleted to less than 10% of the originally
required cash escrow amount, the applicant shall deposit additional funds in the cash escrow
account as determined by the Zoning Administrator. Any balance remaining in the cash escrow
account upon completion of the general plan review process shall be returned to the applicant
after all claims and charges thereto have been deducted.
Subd. 2. Information Requirement:
(12)
(a) The information required for all PUD general plan applications shall be as
specified in Section 21045.07 of this Chapter.
(b) The Zoning Administrator, Planning Commission, and/or City Council may
excuse an applicant from submitting any specific item of information or document
required by this section which it finds to be unnecessary to the consideration of the
specific PUD being considered.
Subd. 3. Zoning Enactment: A rezoning of a parcel of land to PUD shall not
become effective until such time as the City Council approves an ordinance reflecting said
amendment, which shall take place at the time the City Council approves the general plan.
SECTION 21. Amendment. Section 21655.07 of the Plymouth City Code (PUD, PLANNED
UNIT DEVELOPMENT DISTRICT—FINAL PLAN) is amended as follows:
21655.07 FINAL PLAN: After approval of the general plan, the applicant may apply for
final plan approval for all or a portion of the PUD. The final plan shall be accompanied by a fee
as set forth in the City Code. The applicant shall submit the following material for review by and
approval of the Zoning Administrator prior to issuance of any building permit(s).
Subd. 1. If the PUD will be developed in different phases, the applicant shall
submit a phasing plan for construction of the various elements of the entire PUD.
Subd. 2. Development plans in final form, based on the approved general plan,
covering that portion of the PUD where building permits will be requested under the phasing
plan.
Subd. 3. Proof of recording any easements and restrictive covenants prior to sale of
any land or dwelling unit within the PUD and of the establishment and activation of any entity
that is to be responsible for the management and maintenance of any public or common open
space or service facility.
Subd. 4. All certificates, seals and signatures required for the dedication of land and
recording of documents.
Subd. 5. Any other plans, agreements or specifications necessary for the Zoning
Administrator to review the proposed final plan.
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SECTION 22. Amendment. Section 21655.09 of the Plymouth City Code (PUD, PLANNED
UNIT DEVELOPMENT DISTRICT—PLAN MODIFICATION/AMENDMENT OF A PUD) is
amended as follows:
21655.09 PLAN MODIFICATION/AMENDMENT OF A PUD:
Subd. 1. Amendment for existing single- and two-family PUDs: Amendments for
existing single- and two-family PUDs shall follow the same review procedure as established for a
major variance, as set forth in Section 21030.04, Subd. 2 (b) of this Chapter.
Subd. 2. Minor Plan Modification/Amendment: Plan modifications/amendments
qualifying as minor as defined by Section 21045.08, Subd. 1 of this Chapter, shall be processed
pursuant to that section.
Subd. 3. Major Modification/Amendment: The same review procedure shall be
followed for a major modification/amendment of a PUD as was followed with respect to the
PUD general plan, as outlined in Section 21655.06 of this Chapter.
SECTION 23. Effective Date. This Ordinance shall be in full force and effect upon its
passage.
ADOPTED on November 23, 2010.
ATTEST:
ImLh_aAd�w
Sandra R. Engda4 City Clerk
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Kelli Slavik, Mayor