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HomeMy WebLinkAboutCity Council Ordinance 2003-15CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2003-15 AN ORDINANCE AMENDING CHAPTER 5 OF THE PLYMOUTH CITY CODE GOVERNING SUBDIVISION REGULATIONS WITHIN THE CITY OF PLYMOUTH (2002147) THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendments. The text of Chapter 5 of the Plymouth City Code is hereby amended in its entirety, as follows: City of Plymouth, Minnesota SUBDIVISION REGULATIONS CHAPTER 5 (19 OF THE CITY CODE THE SUBDIVISION REGULATIONS ARE SUBJECT TO PERIODIC AMENDMENTS. USERS ARE RESPONSIBLE FOR ASSURING THAT THEIR COPY OF THE REGULATIONS IS CURRENT. THE CITY MAINTAINS A CURRENT LISTING OF ALL CODE AMENDMENTS. THE CITY COUNCIL PERIODICALLY SUPPLEMENTS THE CITY CODE, INCLUDING THESE REGULATIONS, WITH POLICY RESOLUTIONS WHICH ARE DEEMED PART OF THE CODE. COPIES OF SUCH POLICIES ARE AVAILABLE AT CITY HALL. COMMUNITY DEVELOPMENT DEPARTMENT 3400 PLYMOUTH BOULEVARD PLYMOUTH, MN 55447 (763) 509 -5400 ADOPTED ON: June 10, 2003 ORDINANCE 2003 -15 SECTION 500 - TITLE AND APPLICATION 500.01 Title .................................. ............................... 500 -1 500.03 Intent and Purpose .................. ............................... 500 -1 500.05 Relationship to Comprehensive Plan .......................... 500 -2 500.07 More Restrictive Provision to Apply ........................... 500 -2 500.09 Conformity With This Chapter .. ............................... 500 -2 500.11 Separability .......................... ............................... 500 -2 500.13 Authority ............................. ............................... 500 -2 SECTION 502 - RULES AND DEFINITIONS 502.01 Rules of Word Construction ...... ............................... 502 -1 502.03 Definitions ........................... ............................... 502 -1 SECTION 504 - ENFORCEMENT AND PENALTIES 504.01 Administration ...................... ............................... 504 -1 504.03 Enforcement ......................... ............................... - 504 1 504.05 Penalties .............................. ............................... 504 -1 SECTION 506 - SUBDIVISION APPROVAL REQUIRED 506.01 Subdivision Approval Required . ............................... 506 -1 506.03 Major Subdivision ................. ............................... 506 -1 506.05 Minor Subdivision ................. ............................... 506 -1 506.07 Registered Land Surveys .......... ............................... 506 -3 SECTION 508 - PREMATURE SUBDIVISION PROHIBITED 508.01 Premature Subdivision Prohibited ............................... 508 -1 SECTION 510 - PRELIMINARY PLAT 510.01 Preliminary Plat Procedure ....... ............................... 510 -1 510.03 Application Requirements ........ ............................... 510-4 SECTION 512 - FINAL PLAT 512.01 Final Plat Procedure ............... ............................... 512 -1 512.03 Application Requirements ......... ............................... 512 -2 SECTION 514 - PUBLIC NOTICE SIGNING 514.01 Public Notice Signing ............. ............................... 514 -1 SECTION 516 - ADMINISTRATION - VARIANCES 516.01 Purpose ............................... ............................... 516 -1 516.03 Board of Adjustments and Appeals ............................ 516 -1 516.05 Review Criteria ..................... ............................... 516 -1 516.07 Procedures ........................... ............................... 516 -2 516.09 Appeal of Board Ruling ........... ............................... 516-4 516.11 Expiration ........................... ............................... 516-4 SECTION 518 - ADMINISTRATION - VACATION OF RIGHTS - OF-WAY AND EASEMENTS 518.01 Procedure ............................ ............................... 518 -1 518.03 Filing .................................. ............................... 518 -1 518.05 Public Hearing Required .......... ............................... 518 -1 SECTION 520 — ADMINISTRATION - APPEALS 520.01 Board Designation .................. ............................... 520 -1 520.03 Applicability ......................... ............................... 520 -1 520.05 Filing ................................. ............................... 520 -1 520.07 Stay of Proceedings ................ ............................... 520 -1 520.09 Procedure ............................ ............................... 520 -1 520.11 Appeals from the Board of Adjustment and Appeals ....... 520 -2 SECTION 522 — DEVELOPMENT CONTRACT 522.01 Purpose ............................... ............................... 522 -1 522.03 Required Basic Improvements .... ............................... 522 -1 522.05 Other Improvements Required .... ............................... 522 -2 522.07 Completion of Basic Improvements ............................ 522 -2 522.09 Financial Guarantees ............... ............................... 522 -2 522.11 Administration of Development Contract ...................... 522-4 522.13 Release and Expiration of Financial Guarantees ............. 522-4 522.15 Warranty/ Maintenance Guarantee ............................. 522 -5 SECTION 524— DESIGN STANDARDS 524. 01 ................................................... ............................... General Standards....................................... ............................... 524 -1 524.03 Lot Improvements ................. ............................... 524 -2 524.05 Streets ................................. ............................... 524-4 524.07 Sidewalks and Trails ............... ............................... 524 -12 524.09 Drainage and Water Quality ...... ............................... 524 -12 524.11 Sewer and Water Facilities ........ ............................... 524 -15 524.13 Other Utilities ....................... ............................... 524 -15 SECTION 526 — EROSION CONTROL 526.01 Erosion Control Plan .............. ............................... 526 -1 526.03 Erosion Control Measures ........ ............................... 526 -1 SECTION 528 - PARK DEDICATION 528.01 Purpose and Findings ............. ............................... 528 -1 528.03 Dedication Required ............... ............................... 528 -1 528.05 Calculation of Proportional Share ............................... 528 -2 528.07 Land Dedication/ Payment of Fees ............................ 528 -2 SECTION 530 - TREE PRESERVATION 530.01 Findings and Purposes ............ ............................... 530 -1 530.03 Scope ................................. ............................... 530 -1 530.05 Removal Threshold ................ ............................... 530 -1 530.07 Reforestation/ Restitution Requirement ....................... 530 -1 530.09 Tree Inches Not Counted ......... ............................... 530 -2 530.11 Tree Survey/ Preservation Plan . ............................... 530 -2 530.13 Reforestation/ Restitution Plan ... ............................... 530 -3 530.15 Staff Review ........................ ............................... 530 -3 530.17 City Action .......................... ............................... - 530 4 530.19 Amendments ........................ ............................... 530-4 530.21 Financial Guarantee ............... ............................... 530-4 530.23 Inspection and Enforcement of Tree Preservation Plan .... 530 -5 SECTION 532 - OFFICIAL MAPS 532.01 Purpose .............................. ............................... 532.03 Official Map Defined .............. ............................... 532.05 Initiation of Proceedings .......... ............................... 532.07 Reference to Planning Commission ............................ 532.09 Notice and Hearing ................................................ 532.11 Preparation and Filing of Maps . ............................... 532.13 Effect ................................. ............................... 532.15 Appeals .............................. ............................... SECTION 500 - TITLE AND APPLICATION 500.01. TITLE: This Chapter shall be known as the "Plymouth Subdivision Regulations" except as referred to herein, where it shall be referred to as "this Chapter ". 532 -1 532 -1 532 -1 532 -1 532 -1 532 -2 532 -2 532 -2 500.03. INTENT AND PURPOSE: The intent of this Chapter is to protect and provide for the public health, safety, morals, and general welfare of the City and its people, and specifically to achieve the following purposes: (a) to implement the Comprehensive Plan; (b) to ensure that subdivisions are consistent with all applicable provisions of all applicable plans, laws and regulations; (c) to establish standard requirements, conditions, and procedures for the design and review of subdivisions; (d) to provide for the orderly subdivision of land, and to ensure proper legal descriptions and monumentation of subdivided land; (e) to encourage the wise use and management of land and natural resources throughout the City in order to preserve the integrity, stability, and natural beauty of the community; (f) to ensure that adequate public infrastructure, facilities and services are available concurrent with development; (g) to require subdividers to furnish land, install infrastructure, pay fees, and establish mitigative measures to ensure that development provides its fair share of capital facilities; (h) to encourage a beneficial relationship between the uses of land and circulation of traffic throughout the City, and to provide for the proper location and design of streets; (i) to prevent problems associated with inappropriately subdivided lands, including premature subdivision, excess subdivision, partial or incomplete subdivision, or scattered subdivision; 0) to assure that new subdivisions will contribute toward an attractive, orderly, stable, livable, and safe community. 500.05. RELATIONSHIP TO COMPREHENSIVE PLAN: It is the policy of the City of Plymouth that the enforcement, amendment, and administration of this Chapter be accomplished consistent with the City's Comprehensive Plan, as may be amended from time to time. The City Council recognizes the Comprehensive Plan as the official policy for the regulation of land use and development in accordance with the policies and purpose herein set forth. In accordance with Minnesota Statutes Chapter 473, the City will not approve any changes in these regulations that are not consistent with the City's Comprehensive Plan. 500.07. MORE RESTRICTIVE PROVISION TO APPLY: Where the regulations imposed by any provisions of this Chapter are either more or less restrictive than comparable regulations imposed by this Chapter, or any other law, ordinance, rule, or regulation of the city, state, or federal government, the law, ordinance, rule, or regulation which imposes the more restrictive condition, standard, or requirement shall prevail. 500.09. CONFORMITY WITH THIS CHAPTER IS REQUIRED: No land shall be divided, subdivided, or re- subdivided in a manner that does not comply with the provisions of this Chapter. 500.11. SEPARABILITY: It is hereby declared to be the intention of the City that the several provisions of this Chapter are separable in accordance with the following: Subd. 1. If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not specifically included in said judgment. Subd. 2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Chapter to a particular property, such judgment shall not affect the application of said provision to any other property not specifically included in said judgment. 500.13. AUTHORITY: This Chapter is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, Chapter 462.351 to 462.365. SECTION 502 — RULES AND DEFINITIONS 502.01. RULES OF WORD CONSTRUCTION: The terms and words used in this Chapter shall be interpreted as follows: Subd. 1. The present tense includes the future tense. Subd. 2. The words "shall" and "must" are mandatory; the word "may" is permissive. Subd. 3. The singular includes the plural, and the plural includes the singular. Subd. 4. All measured distances expressed in feet shall be to the nearest one -tenth of a foot. Subd. 5. For terminology not defined in this Chapter, elsewhere in the City Code, or in the Minnesota State Building Code, Merriam - Webster's Collegiate Dictionary Tenth Edition shall be used to define such terms. Subd. 6. If a conflict arises between the graphic illustrations presented in this Chapter and the text of this Chapter, the text shall prevail. 502.03 DEFINITIONS: The following words and terms, wherever they occur in this Chapter, shall be interpreted as herein defined: Block: An area of land within a subdivision that is entirely bounded by streets, or by a combination of streets, public lands, railroad rights -of -way, water bodies, or the exterior boundary lines of the subdivision. Boulevard: The portion of the street right -of -way between the curb line (or in the absence of a curb, the improved roadway) and a lot line. City Engineer: The person designated by the City Manager to be the City Engineer for the City of Plymouth. City Forester: The person designated by the City Manager to be the City Forester for the City of Plymouth Cul -de -sac: A local street with only one vehicular outlet, having an appropriate turn- around area at its terminus for the safe and convenient reversal of traffic. Easement: A grant of one or more property rights by a property owner for use by the public, a corporation, or another person or entity. Engineering Guidelines: Standards adopted and amended from time to time by resolution of the City Council which provide information and establish standards, specifications and details for the construction of public and private improvements, as on file with the Office of the City Engineer. Lot: A tract, plot, or portion of a subdivision or other parcel of land intended as an individual unit for the purpose, either immediate or future, of transfer of ownership, or possession, or for building development. Lot of Record: A parcel of land whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat and recorded prior to the effective date of this chapter, or a parcel of land approved by the City as a lot and recorded subsequent to such date. Lot, Base: A lot meeting all specifications in the zoning district prior to being subdivided into a two - family dwelling, townhouse, or manor home subdivision. Lot Division: Dividing a lot of record by placing new lot lines within its boundary, resulting in the creation of additional lots. Lot Rearrangement: Adjusting the lot lines between two or more lots of record, resulting in the same number of lots. Lot, Through: A lot fronting on two (2) parallel, as contrasted to intersecting, streets. Lot, Unit: A lot created from the subdivision of a base lot for two- family dwelling, townhouse, or manor -home dwelling having different minimum lot size requirements than the conventional base lots within the zoning district. Metes and Bounds: A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof. Official Map: A map duly adopted by the City Council pursuant to the provisions of Minnesota Statutes, Section 462.351 to 462.36. Outlot: A parcel of land subject to future platting prior to development, or a parcel of land which is designated for public or private open space, right -of -way, utilities or other similar purpose. Parcel: An individual lot or tract of land. Park Dedication Related Terms: (a) Employees: The number of employees that are projected to work in a proposed commercial/industrial development based on full build -out of the site. This number is calculated by multiplying the maximum gross floor area (in thousands) of structural improvements that the site can support by the average projected number of employees per 1,000 square feet of floor area of the proposed type of development, pursuant to Table 4 -A of Appendix 4A of the Plymouth Comprehensive Plan, as follows: Pronerty Type Employees/ 1000 sq. ft Office 3 Retail 2 Industrial 1.65 Office- Warehouse 1.65 Warehouse 1 If the property type of the development is not known at the time of subdivision, the number of employees shall be calculated by using the property type which results in the highest number of employees projected to work in the proposed development, based on the uses allowed by the Zoning Ordinance. (b) Existing Park Land and Trail Acreage: The total acres of community playfields, city parks, neighborhood parks, mini -parks and school parks existing in 1999 as documented by Chapter 8 of the Comprehensive Plan (1,270 acres), plus the land area of trail outlots dedicated to the City as of 2000 as measured by the City's geographic information system (68 acres), or 1,338 acres. (c) Jobs: The number of jobs located within the city as of 1999 as estimated by the Minnesota Department of Economic Security (51,712). (d) Per Capita Commercial/Industrial Share: Ten (10) percent of the existing park land and trail acreage, divided by the number of jobs within the city. [(10 %X 1,338) / 51,712 =.0026 acres /capita] (e) Per Capita Residential Share: Ninety (90) percent of the existing park land and trail acreage, divided by the City population as determined by the 2000 Decennial Census (65,894). [(90 %X 1,338) / 65,894 = .0183 acres /capita] (f) Property Type: The classification of the proposed type of development in the subdivision by the following categories. If the specific use(s) proposed in the subdivision are not listed below, the property type shall be determined by the Zoning Administrator to be that most similar to the proposed use based on the number of employees projected to work in the development. Property Type Examples of Land Uses Office Bank, medical/ veterinary clinic, offices (professional or commercial) Retail All commercial development, other than Office Industrial Assembly, automobile repair (major), commercial printing, fabrication, food processing, machine shop, manufacturing, wholesale bakery Office- Warehouse Laboratories, wholesale showrooms Warehouse Distribution center, indoor storage, mini - storage, truck terminal, waste facilities (f) Residents: The number of residents that are expected to reside in a proposed residential development. This number is calculated by multiplying the number of new residential units in the proposed development by the average number of residents per unit for the type of residential unit proposed, based on the Metropolitan Council's official estimates as follows: Type of Dwelling: Residents per Unit Single - family home 3.1 Duplex or Townhome 2.0 Multi - family (Apartments) 1.9 (g) Undeveloped Land Value: The fair market value of the land as determined by a sale within the past one year or as calculated by the City Assessor, as of the date of final plat or plan approval, whichever is higher. Plat: The drawing or map of a subdivision prepared pursuant to Mn. Stat. Chapter 505 and containing all elements or requirements of this Chapter. Plat, Final: A plat to be presented to the City Council for approval and which, if found to be consistent with the approved preliminary plat, may be duly filed with the county registrar of deeds. Plat, Preliminary: A plat submitted to the City for preliminary consideration and approval. Public Improvement: Any sewer pipe, water pipe, drainage ditch, roadway, parkway, sidewalk, trail, tree, lawn, off - street parking area, lot improvement or other facility for which the City may ultimately assume the responsibility for maintenance and operation. Record Plans: A final set of engineering plans that provide accurate and complete information pertaining to the location, construction, and materials used in the construction of streets, utilities, and other improvements. The plans shall incorporate and include all changes and revisions to the final set of approved construction plans that are made during construction as well as other pertinent information. Replat: The platting of an area that was previously platted. Right -of -way: Land acquired by reservation or dedication intended for public use, and intended to be occupied or which is occupied by a street, trail, railroad, utility lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses. Street: A public right -of -way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, through way, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated or deeded to the public for public use and which affords principal means of access to abutting property. Street, Improved: A public roadway that has a paved or gravel surface. Subdivider: Any person commencing an application proceeding under this Chapter to effect a division, consolidation, rearrangement, subdivision or re- subdivision of land. A subdivider is the owner of the land or an individual representing the landowner who has express written authority to act on behalf of the owner. Subdivision: The separation of an area, parcel, or tract of land under single ownership into two (2) or more parcels, tracts, lots, or long -term leasehold interests where the division necessitates the creation of streets, roads, or alleys for residential, commercial, industrial, or other use or any combination thereof, except for those separations: (a) Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses; (b) Creating cemetery lots; (c) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. Subdivision, Major: Any division or rearrangement of land which does not qualify as a minor subdivision, and therefore subject to subdivision review by the City Council. Subdivision, Minor: A division or rearrangement of land that may be reviewed and approved administratively if specified conditions are met. Tract: A unit of land described by letter in a registered land survey. Traffic Calming: Street design techniques which are put in place to reduce vehicle speeds, improve safety, or discourage through traffic on residential streets. Examples may include narrow street width, curvilinear streets, raised intersections and crosswalks, speed humps, traffic circles, neck - downs, medians and islands, pedestrian treatments or streetscaping. Tree Preservation Related: (a) Critical Root Zone: The circular area measured outward from a tree trunk equaling one foot of radius for each one inch of diameter of the tree. (b) Disturbance Zone: Any area which would be physically altered from its natural state, including but not limited to all areas of grading, utility installation, building pads, driveways, or parking areas. (c) Natural Preserve: Publicly owned lands designated as park or open space or private properties approved by the City which are set aside to preserve their natural characteristics and qualities pursuant to Section 811 of the City Code. (d) Protected, Preserved, or Undisturbed Tree: Any tree with at least seventy -five percent (75 %) of its critical root zone left undisturbed, and which has been protected during the construction process by tree protection fencing if its trunk is located within 15 feet of any disturbance zone. (e) Significant Tree: Any healthy tree measuring eight (8) inches in diameter or larger at a height of fifty -four (54) inches above ground for deciduous trees, and measuring four (4) inches in diameter or larger at a distance of fifty -four (54) inches above ground for coniferous trees. (f) Tree Inch: An inch in the diameter of a significant tree. Zoning Administrator: The person designated by the City Manager to be the Zoning Administrator for the City of Plymouth. SECTION 504 — ENFORCEMENT AND PENALTIES 504.01. ADMINISTRATION: This Chapter shall be administered and enforced by the Zoning Administrator. The Zoning Administrator's duties shall include, but not be limited to, the following: Subd.1. Periodically inspect property to determine compliance with the terms of this Chapter. t Subd. 2. Notify, in writing, any person responsible for violating a provision of this Chapter, indicating the nature of the violation and ordering the action necessary to correct it. Subd. 3. Order discontinuance of illegal work being done or take any other action authorized by this Chapter to insure compliance with or to prevent violation of its provisions, including cooperation with the City Attorney in the prosecution of complaints. Subd. 4. Maintain permanent and current records of the Subdivision Regulations. Subd. 5. Maintain current files of all subdivision approvals and copies of notices of violations thereto and, upon request, provide complaint and violation information to any person having a proprietary or tenancy interest in any specific property- Subd. 6. Provide clerical and technical assistance to the Planning Commission, City Council, and Board of Zoning Adjustments and Appeals. Subd. 7. Receive, file and forward as applicable to the Board of Zoning Adjustments and Appeals, Planning Commission, or City Council all applications for subdivision as required herein. 504.03. ENFORCEMENT: If any subdivision, construction, reconstruction, or use occurs in violation of this Chapter, the Zoning Administrator may, in addition to other remedies, institute any proper criminal action or proceedings in the name of the City of Plymouth, and hereby shall have the powers of a police officer to prevent such unlawful subdivision, construction, reconstruction, or use, to restrain or correct such violations, to prevent the occupancy of said property, or to prevent any illegal act, conduct, business or use in or about said premises. 504.05. PENALTIES: Any person who violates a provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined or penalized not more than the maximum levels established by the State of Minnesota for misdemeanor offenses. SECTION 506 — SUBDIVISION APPROVAL REQUIRED 506.01. SUBDIVISION APPROVAL REQUIRED: Subdivision approval in compliance with the provisions of this Chapter shall be required for the separation of an area, parcel, or tract of land under single ownership into two (2) or more parcels, lots, tracts, or long -term leasehold interests where the division necessitates the creation of streets, roads, or alleys for residential, commercial, industrial, or other use or any combination thereof, or any change in the lot line or lines of a parcel, lot, or tract; or the establishment of the lot lines of a parcel, lot, or tract not previously platted. Subdivision approval is not required for those separations where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses. 506.03. MAJOR SUBDIVISION: Any land division or rearrangement not qualifying as a minor subdivision shall require platting, as set forth in this Chapter. 506.05. MINOR SUBDIVISION: Subd.1. Conditions. A minor subdivision is a lot division or lot rearrangement that shall not require a plat or replat, provided all the following conditions are met: (a) The subdivision shall be in compliance with the Comprehensive Plan and the purpose and intent of this Chapter. (b) The subdivision shall not result in or affect more than three (3) parcels. (c) The subdivision shall be part of a previously recorded plat or Registered Land Survey. (d) Unless prior or concurrent approval of a variance is granted, any such subdivision shall result in lots that meet the minimum dimensional requirements for the zoning district in which the property is located, or shall not further increase the non - conformity of any lot dimension. (e) Unless prior or concurrent approval of a variance is granted, any such subdivision shall not cause any structure on the property to be made non- conforming or to be in violation of the Zoning Ordinance or any other provisions of the City Code. (f) All parcels resulting from the subdivision shall have frontage and access on an existing improved street. (g) The resulting parcels shall generally conform with the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas. (h) Any such subdivision shall not require any public improvements or the dedication of right -of -way. (i) Any such subdivision shall not result in legal descriptions that are unduly complex. 0) The subdivider shall provide easements, as required by this Chapter. (k) The subdivider shall comply with the park dedication, tree preservation and wetland buffer regulations, as required for a major subdivision. Subd. 2. Application Requirements. A request for a minor subdivision shall be filed with the Zoning Administrator on an official application form. Such application shall be accompanied by a fee as set forth in Chapter X of the City Code. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the purpose of the proposal, and including any proposed development and use. Subd. 3. Notice. Written notice of such minor subdivision application 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. The notice shall be mailed not less than ten (10) days prior to approval of the minor subdivision, and shall contain a description of the application and the legal description of the property. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate subsequent approval of the minor subdivision. Subd. 4. Review and Approval. A minor subdivision may receive administrative approval by the Zoning Administrator or his/her designated representative, provided the application is found to meet all the specified conditions. Pursuant to Minnesota Statutes, Chapter 462.358, an application for a minor subdivision shall be approved or denied within one hundred and twenty (120) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the subdivider. Subd. 5. Effect of Approval. For one year following minor subdivision approval, unless the subdivider and City agree otherwise, no amendment to the Comprehensive Plan or other official controls shall apply to or affect the use, development density, lot size, or lot layout that was approved. Subd. 6. Effect of Denial. If a minor subdivision application is denied by the Zoning Administrator, a similar application for a minor subdivision affecting substantially the same property shall not be considered again by the City for at least six (6) months from the date of its denial. Subd. 7. Expiration of Minor Subdivision Approval. The approval of a minor subdivision shall expire one (1) year from the date it was approved, unless before expiration of the one (1) year period the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why the minor subdivision has not been recorded 2) what, if any, good faith efforts have been made to complete the subdivision process, and 3) the anticipated completion date. The Zoning Administrator may approve up to two (2) such extensions of not more than one (1) additional year per extension. 506.07. REGISTERED LAND SURVEYS: All registered land surveys shall be filed subject to the same procedures as required for the filing of a preliminary plat for platting purposes. The standards and requirements set forth in this Chapter shall apply to all registered land surveys. A registered land survey shall not be used to divide a parcel of land into lots for the purpose of transfer of ownership or building development if any of the tracts would not have the required frontage on a dedicated and improved public street. SECTION 508 — PREMATURE SUBDIVISION PROHIBITED 508.01. PREMATURE SUBDIVISION PROHIBITED: Any proposed subdivision deemed premature for development shall not be approved by the City Council. A subdivision shall be deemed premature if the Council determines that any of the following conditions exist. The burden of proof shall be upon the subdivider to show that the proposed subdivision is not premature. Subd. 1. Inconsistent with the Comprehensive Plan. A proposed subdivision may be deemed premature if it is inconsistent with the purposes, objectives, development staging plan, or recommendations of the City's Comprehensive Plan, as may be amended. Application for reguiding and/or rezoning may be made simultaneously with an application for subdivision approval, however, a subdivision application will not be considered for approval by the City Council until and unless any necessary reguiding and/or rezoning application is approved by the Council. Subd. 2. Inconsistent with the Capital Improvements Program. A proposed subdivision may be deemed premature if it is inconsistent with the capital improvements program because public improvements, facilities, or services necessary to accommodate the proposed subdivision would not be completed within two years of the date of application. Subd. 3. Lack of Adequate Water Supply. A proposed subdivision may be deemed premature if public water is not available to serve the proposed subdivision. Subd. 4. Lack of Adequate Waste Disposal Systems. A proposed subdivision may be deemed premature if: (a) sanitary sewer is neither available nor proposed; or (b) available or proposed sanitary sewer is inadequate to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, public facilities, and other developments planned within five years of the date of application. Subd. 5. Lack of Adequate Streets to Serve the Subdivision. A proposed subdivision may be deemed premature if: (a) streets which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance or surface condition that the traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or would seriously aggravate an existing hazardous condition; or (b) the traffic volume generated by the proposed subdivision would create congestion or unsafe conditions on existing or proposed streets. Subd. 6. Lack of Adequate Drainage. A proposed subdivision may be deemed premature if. (a) surface or subsurface water retention and runoff is such that it constitutes a hazard to the stability of proposed or existing structures; or (b) the proposed subdivision would cause pollution of water sources or would cause damage from erosion or siltation on downstream property; or (c) factors including, but not limited to, the presence of floodplain, poor soils or subsoils, or steep slopes exist in such a manner as to preclude adequate site drainage or treatment of runoff. Subd. 7. Inconsistent with Environmental Requirements. A proposed subdivision may be deemed premature if it is inconsistent with the rules and policies of the Minnesota Environmental Quality Board, as may be amended, and could adversely impact critical environmental areas, or potentially disrupt or destroy, in violation of State historical preservation laws, historic areas which are designated or officially recognized by the City Council. SECTION 510 — PRELIMINARY PLAT 510.01. PRELIMINARY PLAT PROCEDURE: Pursuant to Minnesota Statutes, Chapter 462.358, an application for a preliminary plat shall be approved or denied within one hundred and twenty (120) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the subdivider. Subd. 1. Filing. A preliminary plat application shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by the fee as set forth in Chapter X of the City Code. 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 seven hundred and fifty (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. Subd. 2. Staff Analysis. Upon receiving a complete application, as determined by staff review, the Zoning Administrator shall refer copies of the preliminary plat to the City staff and other applicable public agencies as needed in order to receive written comments. Preliminary plats including land abutting an existing or proposed trunk highway and/or highway under county jurisdiction shall also be submitted to the Minnesota Commissioner of Transportation and/or the Hennepin County Transportation Planning Division as required by state law, at least thirty days prior to City action on the preliminary plat. The Zoning Administrator shall instruct the appropriate staff person to 1) coordinate an analysis of the application, 2) prepare technical reports, and 3) assist in preparing a recommendation to the Planning Commission and City Council. Subd. 3. Public Hearing Notice. Upon completion of staff's analysis of the application, the Zoning Administrator, when appropriate, shall set a public hearing date for an upcoming Planning Commission meeting. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the City's Official Newspaper at least ten (10) days prior to the hearing. Written notification of the hearing shall also be mailed to all property owners located within seven hundred fifty (750) feet of the site at least ten (10) days prior to the hearing. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate the proceedings. Public notice signage shall be placed on the site, pursuant to Section 514 of this Chapter, at least ten (10) days prior to the public hearing. Subd. 4. Planning Commission Consideration. The Planning Commission shall consider a preliminary plat application, as follows: (a) The Planning Commission shall review the preliminary plat and conduct the official public hearing. (b) The subdivider or representatives thereof may appear before the Planning Commission to present information and answer questions concerning the proposal. (c) The Planning Commission and staff shall have the authority to request additional information from the subdivider concerning the proposal, as deemed necessary to formulate a recommendation on the proposal. (d) The Planning Commission shall recommend approval of the preliminary plat if it in all ways conforms with the City's Comprehensive Plan, Zoning Ordinance, this Chapter and all Chapters of the City Code. The Commission shall recommend denial of the preliminary plat if it makes any of the following fmdings: (1) That the proposed subdivision is in conflict with the City's Comprehensive Plan, Zoning Ordinance, Capital Improvements Program, or other policy or regulation. (2) That the proposed subdivision is in conflict with the purpose and intent of this Chapter. (3) That the physical characteristics of the site, including but not limited to topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention, are such that the site is not suitable for the type of development or use contemplated. (4) That the site is not physically suitable for the intensity or type of development or use contemplated. (5) That the design of the subdivision or the proposed improvements are likely to cause substantial and irreversible environmental damage. (6) That the design of the subdivision or the type of improvements will be detrimental to the health, safety, or general welfare of the public. (7) That the design of the subdivision or the type of improvement will conflict with easements on record or with easements established by judgment of a court. (8) That the subdivision is premature as determined by the standards of Section 508 of this Chapter. Subd. 5. City Council Consideration. The City Council shall consider a preliminary plat application, as follows: (a) Upon receiving the reports and recommendations of the Planning Commission and staff, the City Manager shall schedule the application for City Council consideration. The Council shall have the option of receiving additional testimony on the matter if they so choose. (b) The Council shall either approve or deny the application. (c) Approval of a preliminary plat shall require passage by a majority vote of the entire City Council. Such approval shall constitute general acceptance of the layout, but shall not constitute final acceptance of the subdivision. Subsequent approval of a final plat will be required before recording of the plat. The Council may require plan revisions and may impose conditions upon approval, as deemed necessary to protect the health, safety, and general welfare of the City. (d) If a preliminary plat is denied by the City Council, the reasons for such action shall be recorded in the Council proceedings and transmitted to the applicant. Subd. 6. Effect of Approval. For one year following preliminary plat approval, unless the subdivider and City agree otherwise, no amendment to the Comprehensive Plan or other official controls shall apply to or affect the use, development density, lot size, or lot layout that was approved. Subd. 7. Effect of Denial. If a preliminary plat application is denied by the City Council, a similar application for a preliminary plat affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial. Subd. 8. Expiration of Preliminary Plat Approval. Unless the City Council specifically approves a different time period, the approval of a preliminary plat shall expire one (1) year from the date it was approved, unless the applicant has filed a complete application for approval of a final plat; or, unless before expiration of the one (1) year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why a final plat has not been applied for, 2) what, if any, good faith efforts have been made to complete the platting process, and 3) the anticipated completion date. The Zoning Administrator may approve up to two (2) such extensions of not more than one (1) additional year per extension. 510.03. APPLICATION REQUIREMENTS: The materials, information, and drawings required for submission of a preliminary plat application are listed in this section. In order for a preliminary plat application to be deemed complete, it shall include or have attached thereto all materials, information, and drawings listed in this section. Subd.1. Application Form. The subdivider shall submit an official application form, as provided by the City, including the following information: (a) Location, address (if assigned), legal description, and Hennepin County property identification number (P.I.N.) of all parcels included within the proposed plat. (b) Name, address, telephone number, and signature of the subdivider and all persons currently having an ownership interest in the parcels comprising the proposed plat. (c) Written description that provides information about the proposed plat including, but not limited to, number of lots, development type, and anticipated completion date. Such description may be provided on a separate sheet of paper that is attached to the application form. Subd.2. Other Written Materials. The application form shall be accompanied by, or address, the following written materials: (a) Estimated lot sizes for all lots and outlots in tabular form. (b) Written verification that all commonly -owned contiguous land is included in the plat. (c) A wetland report by a Certified Wetland Specialist. Subd.3. Fees and Cash Deposits. The application form shall be accompanied by the fees as set forth in Chapter X of the Plymouth City Code. The applicant shall also 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. Subd. 4. Mailing Labels. The application form shall be accompanied by a map, list, and one set of mailing labels with the names and addresses of all property owners located within seven hundred fifty (750) feet of the boundaries of the proposed plat. Such map, list, and mailing labels shall be obtained from Hennepin County and shall be current within six (6) months. Subd. 5. Drawings, General Requirements. (a) Drawings must meet all following specifications: (1) Be at a scale of one inch equals fifty feet (1" = 50') or less using an engineer's scale only. (2) Be on paper not exceeding twenty -four (24) inches by thirty -six (36) inches. (3) Include a title, and north point indication, the name and address of the subdivider, and the name and address of the designer of the drawing. (4) Include a signature of the person who prepared the drawing, together with any registration number or other professional certification number or title. (5) Provide the date of preparation and any revisions thereto. (b) The subdivider shall provide complete full -sized (twenty four (24) inches by thirty six (36) inches) assembled sets of the drawings that are collated, stapled and rolled, the number of which shall be determined by the Zoning Administrator. One additional full -sized set of the drawings shall be provided in each of the following cases: 1) when the plat contains or abuts a county road, 2) when the plat contains or abuts a state highway, and 3) when the plat contains or abuts a wetland or shoreland district. (c) The subdivider shall provide complete assembled sets of the drawings reduced to eleven (11) inches by seventeen (17) inches, the number of which shall be determined by the Zoning Administrator. (d) The subdivider shall provide one copy of the preliminary plat at a scale of one inch equals two hundred feet (1" = 200'). (e) If the plat is approved, the subdivider shall submit electronic files of the drawings in a manner specified by the City. Subd. 6. Drawings, Existing Conditions. The application form shall be accompanied by drawings and information indicating the following: (a) An accurate certified survey of the proposed plat, current within one year, showing existing conditions and providing the current legal descriptions of all parcels within the proposed plat. (b) Floodplain and shoreland district boundaries within the proposed plat. (c) Gross acreage and net acreage of the proposed plat, computed to one -tenth of an acre. Gross acreage means the total site area, and net acreage means gross acreage minus all wetland areas and areas below the one hundred -year (100 -year) ordinary high water level. (d) Location, width, and name of all existing streets, public ways, parks, and other public lands (including permanent structures), railroads, utility rights -of- way, corporate lines, and easements within the proposed plat, and to a distance of one hundred (100) feet beyond the boundary lines of such plat. (e) Location and size of all existing buildings, as well as all sewers, watermains, culverts and other underground facilities (public and private) within the proposed plat, and to a distance of one hundred (100) feet beyond the boundary lines of such plat. Data such as grades, rim and invert elevations, locations of catch basins and manholes, and fire hydrants shall also be provided. (f) Topography in two -foot contour intervals within the proposed plat, and to a distance of one hundred (100) feet beyond the boundary lines of such plat. (g) Water courses, wetlands, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features within the proposed plat, and to a distance of one hundred (100) feet beyond the boundary lines of such plat. (h) Boundary lines and ownership of all adjoining land within one hundred (100) feet. (i) Existing guiding and zoning classifications for land within, and abutting, the proposed plat. 0) Tree inventory indicating the location, size, and species of all significant trees existing within the proposed plat, and to a distance of fifteen (15) feet beyond the boundary lines of such plat. The inventory shall also include a tabular listing of all such trees. (k) Soil borings and percolation tests, as may be required by the Building Official or City Engineer. Subd.7. Drawings, Preliminary Plans. The application form shall be accompanied by drawings and information indicating the following: (a) Preliminary plat, including the following: (1) Name of the proposed plat. (2) Layout of all proposed lot lines, together with the number, size, and preliminary dimensions, including the width of the lots at the front setback line. (3) Layout of all proposed streets, including those required in accordance with the City's Comprehensive Plan, showing right -of -way widths, pavement widths, center line gradients, typical cross sections, street drainage systems, and proposed street names pursuant to the City's street naming system. (4) Location and width of all proposed sidewalks, trails, pedestrian ways, and fire lanes. (5) Location, dimensions, and purpose of all easements. (6) Minimum building setback lines. (7) Areas other than streets, sidewalks, trails, pedestrian ways, and utility easements intended to be dedicated or reserved for private or public use, including the size of such area(s). (8) Floodplain and shoreland district boundaries within the proposed plat. (9) Proposed guiding and zoning classifications if the plat application includes a reguiding and/or rezoning request. (10) A tentative plan for future platting, if the proposed plat includes any areas intended for future re- subdivision. (b) Preliminary grading and erosion control plan for the proposed plat, including the following: (1) Lot and block numbers, building pad locations, building style and proposed building pad elevations at the lowest floor and garage slab for each lot. (2) Topography in two -foot contour intervals, with existing contours shown as dashed lines and proposed contours shown as solid lines. Existing topography shall extend one hundred (100) feet beyond the borders of the proposed plat. (3) Location of all existing natural features on the tract including, but not limited to, tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes, etc. (4) Location of all existing and proposed storm sewer facilities, including pipes, manholes, catch basins, ponds, swales, and drainage channels within one hundred (100) feet of the proposed plat. Pipe type and size, pipe grades, rim and invert elevations, and normal high water elevations shall be included. (5) Flood elevations and locations if the plat is located within, or adjacent to, a 100 -year flood plain. (6) Spot elevations at drainage break points and directional arrows indicating site and swale drainage. (7) Locations, grades, and rim invert elevations of all storm sewer facilities, including ponds, proposed to serve the plat. (8) Locations and elevations of all street high and low points. (9) Street grades. (10) Phasing of grading. (11) Location of all easements, including oversize or non - typical easements. (12) An erosion control plan, pursuant to Section 526 of this Chapter. (c) Preliminary utility plan for the proposed plat, including the following: (1) Location, dimensions, and purpose of all easements. (2) Location, type, size, grades, and rim and invert elevations of existing and proposed sanitary sewer, storm sewer, water mains, culverts, catch basins, manholes, hydrants, and other similar facilities within the proposed plat and to a distance of one hundred (100) feet beyond the plat. (3) Schematic storm sewer, sanitary sewer, and water layouts, illustrating invert and top rim elevations, proposed gradients, direction of flow, hydrant locations, and drainage areas. (d) Tree preservation plan for the proposed plat, including the following: (1) Plan showing all existing trees to be removed, disturbed (including disturbance zones), and preserved. Such plan shall also include proposed locations and details of tree protection fencing to be installed for all trees to be preserved within fifteen (15) feet of the disturbance zone. (2) Grading plan. (3) Location and dimension of proposed building pads and construction zone proposed for each lot within the proposed plat. (4) A tabular listing of the caliper inches of each existing significant tree, and the total caliper inches thereof, together with a tabular listing of the caliper inches of significant trees to be preserved and to be removed, and the total caliper inches thereof. (5) A reforestation plan and/or the dollar amount of restitution required if the tree removal exceeds the established threshold, pursuant to Section 530 of this Chapter. (e) Other drawings required for the proposed plat, as follows: (1) Source of water supply. (2) Provisions for sewage disposal, drainage and flood control. (3) Location of proposed street lights, as well as the utilities of electricity, gas, telephone, and CATV. (4) A general landscaping plan showing plantings, berms, fences, walls, sidewalks and trails, and any subdivision signage. (5) For plats containing one- or two - family dwellings, the location on each lot where an attached or detached garage containing at least one parking stall could be built within ordinance standards, if the principal structure is to be built without a garage. SECTION 512 — FINAL PLAT PROCEDURE 512.01. FINAL PLAT PROCEDURE: Pursuant to Minnesota Statutes, Chapter 462.358, an application for a final plat shall be approved or denied within sixty (60) days of the date from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the subdivider. Subd. 1. Compliance with Preliminary Plat. A final plat application shall be in substantial compliance with the approved preliminary plat, including any required modifications thereto. 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 the fee as set forth in Chapter X of the City 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. Subd. 3. Staff Analysis. Upon receiving a complete application, as determined by staff review, the Zoning Administrator shall refer copies of the final plat to the City staff and other applicable public agencies as needed in order to receive written comments. The Zoning Administrator shall instruct the appropriate staff person to 1) coordinate an analysis of the application, 2) prepare technical reports and coordinate preparation of the development contract, and 3) assist in preparing a recommendation to the City Council. Subd. 4. City Council Consideration. The City Council shall consider a final plat as follows: (a) Upon receiving the reports and recommendations of the staff, the City Manager shall schedule the application for City Council consideration. The Council shall have the option of receiving additional testimony on the matter if they so choose. (b) The City Council shall either approve or deny the application. (c) Approval of a final plat and any related development contract shall require passage by a majority vote of the entire City Council. The Council may require such revisions in the final plat as it deems necessary for the health, safety, general welfare and convenience of the City. (d) If a final plat is denied by the City Council, the reasons for such action shall be recorded in the Council proceedings and transmitted to the applicant. Subd. 5. Recording of Final Plat. If the final plat is approved and signed by the Mayor and City officials, the subdivider shall record the final plat with the County Recorder or the Registrar of Titles. No changes, erasures, modifications or revisions shall be made in any final plat after approval has been given by the City Council and endorsed in writing on the plat. Subd. 6. Effect of Approval. For two (2) years following final plat approval, unless the subdivider and City agree otherwise, no amendment to the Comprehensive Plan or other official controls shall apply to or affect the use, development density, lot size, or lot layout that was approved. Subd.7. Expiration of Final Plat Approval. Unless the City Council specifically approves a different time period, the approval of a final plat shall expire two (2) years from the date it was approved, unless the applicant has recorded the final plat with Hennepin County; or, unless before expiration of the two (2) year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why a final plat has not been filed, 2) what, if any, good faith efforts have been made to complete the platting process, and 3) the anticipated completion date. The Zoning Administrator may approve one such extension for a term not to exceed one additional year. 512.03. APPLICATION REQUIREMENTS: The materials, information, and drawings required for submission of a final plat application are listed in this section. In order for a final plat application to be deemed complete, it shall include or have attached thereto all materials, information, and drawings listed in this section. Subd.1. Application Form. The subdivider shall submit an official application form, as provided by the City, including the following information: (a) Location, address (if assigned), legal description, and Hennepin County property identification number (P.I.N.) of all parcels included within the proposed plat. (b) Name, address, telephone number, and signature of the subdivider and all persons currently having an ownership interest in the parcels comprising the proposed plat. (c) Written description that indicates compliance with the approved preliminary plat and all related conditions of approval thereto. If the proposed final plat varies from the approved preliminary plat, the nature and extent of the variation must be described. Such description may be provided on a separate sheet of paper that is attached to the application form. Subd.2. Other Written Materials. The application form shall be accompanied by, or address, the following written materials: (a) Three (3) specification books for construction of public improvements. (b) Cost estimates for grading and all public improvements. (c) Lot sizes for all lots and outlots in tabular form. (d) A copy of any proposed homeowners association documents, private covenants or deed restrictions. Subd. 3. Fees and Deposits. The application form shall be accompanied by the fees as set forth in Chapter X of the Plymouth City Code. The applicant shall also 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. Subd. 4. Drawings, General Requirements. (a) Drawings must meet all following specifications: (1) Be at a scale of one inch equals fifty feet (1" = 50') or less using an engineer's scale only. (2) Be on paper not exceeding twenty -four (24) inches by thirty -six (36) inches. (3) Include a title, and north point indication, the name and address of the subdivider, and the name and address of the designer of the drawing. (4) Include a signature of the person who prepared the drawing, together with any registration number or other professional certification number or title. (5) Provide the date of preparation and any revisions thereto. (b) The subdivider shall provide complete full -sized (twenty -four (24) inches by thirty -six (36) inches) assembled sets of the drawings that are collated, stapled and rolled, the number of which shall be determined by the Zoning Administrator. An additional full -sized set of the drawings shall be provided in each of the following cases: 1) when the plat contains or abuts a county road, 2) when the plat contains or abuts a state highway, and 3) when the plat contains or abuts a wetland or shoreland district. (c) Reductions: The subdivider shall provide complete, assembled sets of the drawings reduced to eleven (11) inches by seventeen (17) inches, and copies of the final plat reduced to eight and one -half (8%2) inches by eleven (11) inches, the number of which shall be determined by the Zoning Administrator. (d) The subdivider shall provide one copy of the final plat at a scale of one inch equals two hundred feet (1" = 200'). (e) If the plat is approved, the subdivider shall submit electronic files of the drawings in a manner specified by the City. Subd.5. Drawings, Existing Conditions. The application form shall be accompanied by drawings and information indicating the following: (a) An accurate certified survey of the proposed plat, current within one year, showing existing conditions and providing the current legal descriptions of all parcels within the proposed plat. (b) Floodplain and shoreland district boundaries within the proposed plat. (c) Gross acreage and net acreage of the proposed plat, computed to one -tenth of an acre. Gross acreage means the total site area, and net acreage means gross acreage minus all wetland areas and areas below the one hundred -year (100 -year) ordinary high water level. (d) Location, width, and name of all existing streets, public ways, parks, and other public lands (including permanent structures), railroads, utility rights -of- way, corporate lines, and easements within the proposed plat, and to a distance of one hundred (100) feet beyond the boundary lines of such plat. Subd. 6. Drawings, Final Plans. The application form shall be accompanied by drawings and information indicating the following: (a) Final plat, including the following: (1) Name of the proposed plat. (2) Layout of all proposed lot lines with dimensions, and lot and block numbers. (3) Layout of all proposed streets, showing right -of -way widths and street names pursuant to the City's street naming system. (4) Location, dimensions, and purpose of all easements. (5) Areas other than streets, sidewalks, trails, pedestrian ways, and utility easements intended to be dedicated or reserved for private or public use, including the size of such area(s). (6) Certification by a registered surveyor, as required by Minnesota Statutes, Section 505.03, as may be amended. (7) Space for signatures of all owners of any interest in the land and holders of a mortgage thereon, in the format prescribed by Hennepin County. (8) Space for certificates of approval to be filled in by the signatures of the Mayor and City Engineer, together with space for the attestation of such signatures by the City Clerk. (9) Space for certificates of approval and review, in the format prescribed by Hennepin County. (b) Final grading and drainage plan for the proposed plat, including the following: (1) Lot and block numbers, building pad locations, building style and proposed building pad elevations at the lowest floor and garage slab for each lot. (2) Topography in two -foot contour intervals, with existing contours shown as dashed lines and proposed contours shown as solid lines. Existing topography shall extend one hundred (100) feet beyond the borders of the proposed plat. (3) Location of all existing natural features on the tract including, but not limited to, tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes, etc. (4) Location of all existing and proposed storm sewer facilities, including pipes, manholes, catch basins, ponds, swales, and drainage channels within one hundred (100) feet of the proposed plat. Pipe type and size, pipe grades, rim and invert elevations, and normal and high water elevations shall be included. (5) Flood elevations and locations if the plat is located within, or adjacent to, a one hundred -year (100 -year) flood plain. (6) Spot elevations at drainage break points and directional arrows indicating site and swale drainage, and emergency overflow locations, elevations and routes. (7) Locations, grades, and rim invert elevations of all storm sewer facilities, including ponds and rain gardens, proposed to serve the plat. (8) Locations and elevations of all street high and low points. (9) Street grades. (10) Phasing of grading. (11) Benchmark elevations. (12) Location and elevation of all retaining walls. (13) Location of all easements, including oversize or non - typical easements. (14) An erosion control plan, pursuant to Section 526 of this Chapter. (c) Final utility plan for the proposed plat, including the following: (1) Location, dimensions, and purpose of all easements. (2) Location, size, grades, and rim and invert elevations of existing and proposed sanitary sewer, storm sewer, water mains, culverts, catch basins, man holes, hydrants, and other similar facilities within the proposed plat and to a distance of one hundred (100) feet beyond the plat. (3) Storm sewer, sanitary sewer, and water layouts, including top rim and invert elevations, proposed gradients, direction of flow, hydrant locations, drainage areas and benchmark elevations. (4) Profiles for all proposed utilities. (d) Final tree preservation plan for the proposed plat, including the following: (1) Plan showing all existing trees to be removed, disturbed (including disturbance zones), and preserved. Such plan shall also include proposed locations and details of tree protection fencing to be installed for all trees to preserved within fifteen (15) feet of the disturbance zone. (2) Grading contours, existing and proposed. (3) Location and dimension of proposed building pads and construction zone proposed for each lot within the proposed plat. (4) A tabular listing of the caliper inches of each existing significant tree, and the total caliper inches thereof, together with a tabular listing of the caliper inches of significant trees to be preserved and to be removed, and the total caliper inches thereof. (5) A reforestation plan and/or the dollar amount of restitution required if the tree removal exceeds the established threshold, pursuant to Section 530 of this Chapter. (e) Other drawings required for the proposed plat, as follows: (1) Location of proposed street lights, as well as the utilities of electricity, gas, telephone, and CATV. (2) A general landscaping plan showing plantings, berms, fences, walls, sidewalks and trails, and any subdivision signage. (f) Final street plan for the proposed plat, including the following: (1) Plan view of proposed and existing streets including location, dimensions, and purpose of all rights of way and easements, location of existing or proposed utilities. (2) Street profiles including existing and proposed elevations extended to show how they tie into the adjacent properties. (3) Street cross - section and design information based on the soil r- value. SECTION 514 — PUBLIC NOTICE SIGNING 514.01. PUBLIC NOTICE SIGNING: In addition to other notification procedures, signs shall be posted on all sites involving an application for a preliminary plat in accordance with the following: Subd. 1. Announcement signs shall be designed, acquired, maintained, installed, and removed by the City. Materials and procedures necessary to implement this section shall be procured and implemented under the direction of the Zoning Administrator. Subd. 2. The subdivider shall pay a fee as set forth in Chapter X of the City Code, to cover the costs of installing and removing the signs. A new fee shall be charged each time a sign is required, and the fee shall be paid for each sign to be placed on the property. Subd. 3. Signs required by this section shall be posted on the site so to be visible to the general public as early following submission of a complete application as practical, but at least ten (10) calendar days prior to the scheduled consideration by the Planning Commission. The signs shall be removed following the final City action on the preliminary plat application. Subd. 4. A minimum of one sign shall be placed on the site for each street frontage of the property. The Zoning Administrator shall have the authority to require additional signs if deemed necessary to provide adequate visibility of signage. Subd. 5. Failure to install signs shall not invalidate any such proceedings as set forth within this Chapter. SECTION 516 — ADMINISTRATION - VARIANCES 516.01. PURPOSE: The purpose of this section is to provide for variations from the literal provisions of this Chapter in instances where strict enforcement would cause hardship because of conditions affecting the individual property under consideration, and to grant such variances only when it is demonstrated that such actions would be in keeping with the spirit and intent of this Chapter. 516.03. BOARD OF ADJUSTMENTS AND APPEALS: The City Council shall be designated to act as the Board of Adjustments and Appeals. References to the "Council" hereafter in this section shall mean the City Council acting in its capacity as the Board of Adjustment and Appeals. 516.05. REVIEW CRITERIA: Subd.1. The Council shall not approve a variance unless they find failure to grant the variance will result in a hardship to the applicant, and, as may be applicable, all of the following criteria have been met: (a) That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. (b) That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. (c) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. (d) That the alleged difficulty or hardship is caused by this Chapter and has not been created by any persons having an interest in the parcel of land and is not a self - created hardship. (e) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. (f) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. (g) That the requested variance is the minimum action required to eliminate the hardship. 516.07. PROCEDURES: Pursuant to Minnesota Statutes 15.99, an application for a variance 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. Additional City requirements are as follows: Subd.1. Processing: (a) Requests for a variance to the provisions of this Chapter shall be filed with the Zoning Administrator on an official application form. Such variance application shall be considered simultaneously with an application for subdivision approval. Such application shall be accompanied by a fee as set forth by the City Code. This fee shall not be refunded. The variance application shall be considered officially complete when the applicant has complied with all the specified informational requirements, which shall include the following: (1) a written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in this section; and (2) supporting materials such as site plans, as determined by the Zoning Administrator, as necessary for the complete and clear definition and understanding of the request. (3) the application shall be signed by the applicant. If the fee owner of the property is not the applicant, the applicant shall provide written authorization by the fee owner as part of the application. (b) Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall establish a schedule for consideration by the Planning Commission. At least ten (10) days before the date of the Planning Commission meeting, a written notice of the request shall be mailed to all owners of property located within seven hundred and fifty (750) feet of the boundaries of the property which is the subject of the application. (c) Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. (d) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Planning Commission. (e) The applicant or a representative thereof may appear before the Planning Commission in order to present and answer questions concerning the proposed request. (f) The Planning Commission shall make a finding of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the purpose of this Chapter. Such recommendations shall be in writing and accompanied by the report and recommendation of the City staff. (g) The Council shall not act upon the request until they have received a report and recommendation from the Planning Commission and the City staff or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered. (h) Upon receiving the report and recommendation of the Planning Commission and the City staff, the City Manager shall schedule the application for consideration by the Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the Council meeting. (i) Upon receiving the report and recommendation of the Planning Commission and the City staff, the Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition they consider necessary to protect the public health, safety and welfare. 0) If, upon receiving said reports and recommendations of the Planning Commission and City staff, the Council finds that specific inconsistencies exist in the review process and thus the final determination of the Council will differ from that of the Planning Commission, the Council may, before taking final action, refer the matter back to the Planning Commission for further consideration. The Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action. (k) Approval of a request shall require passage by a majority vote of the entire Council. (1) When granting a variance, the Council may impose conditions it deems necessary to protect the health, safety and general welfare, and to meet the objectives of the provision to which the variance is granted. (m) In all cases where a variance is granted, the Council shall require such evidence and guarantees as it deems necessary to insure compliance with the conditions designated in connection therewith. (n) The Zoning Administrator shall serve a copy of the final order of the Council upon the applicant by mail. (o) Whenever an application for a variance has been considered and denied by the Council, a similar application for a variance affecting substantially the same property shall not be considered again by the Planning Commission or Council for at least six (6) months from the date of its denial. 516.09. APPEAL OF COUNCIL RULING: Any person or persons, any private or public board, or taxpayer of the City aggrieved by any decision of the Council shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be from time to time amended, supplemented or replaced. 516.11. EXPIRATION: A variance approved under this section shall expire without further action by the Planning Commission or the Council, at such time as the related subdivision approval expires. SECTION 518 — ADMINISTRATION - VACATION OF RIGHTS - OF-WAY AND EASEMENTS 518.01. PROCEDURE: A request for vacation of a right -of -way or easement shall be filed in writing with the City Engineer. In the case of a request for vacation of a right -of -way, the written request shall be signed by a landowner directly abutting such right -of -way. In the case of a request for vacation of an easement, the written request shall be signed by a landowner of the property encumbered by such easement. 518.03. FILING: A written request to vacate a right -of -way or an easement shall be accompanied by the following: (a) Information, both written and graphic, that describe the reason for, and location of, the proposed vacation; (b) a fee as set forth in Chapter X of the City Code; (c) for requests involving the vacation of right -of -way, the applicant shall submit the addresses of all properties directly abutting the right -of- way to be vacated; and (d) for requests involving the vacation of an easement, the applicant shall submit a legal description of the area to be vacated. 518.05. PUBLIC HEARING REQUIRED: Subd. 1. Upon receipt of a complete vacation request, the City Engineer shall set a public hearing following proper notification. Subd. 2. Notice of said hearing shall be published once in the official newspaper at least ten (10) days prior to the hearing, and shall be mailed to all landowners of property directly abutting the area to be vacated and to all utility companies serving the area. Subd. 3. The City Engineer shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation of the action to the City Council. Subd. 4. The City Council shall consider possible adverse effects of the requested vacation. Its judgment shall be based upon (but not limited to) the following factors: (a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the City's Comprehensive Plan, including public facilities and capital improvement plans. (b) The proposed action meets the purpose and intent of this Chapter. (c) The proposed action has been considered in relation to the future needs of the City, utility companies and surrounding property owners. Subd. 5. The City Council and City staff shall have the authority to request additional information from the applicant or to retain expert testimony with the consent and at the expense of the applicant, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter. Subd. 6. The applicant or a representative thereof may appear before the City Council in order to present information and answer questions concerning the proposed request. Subd. 7. Upon receiving the report and recommendation of the City staff, the City Council shall conduct the hearing, consider the request, and render its decision. The staff recommendation shall be entered in and made part of the permanent written record of the City Council meeting. Subd.8. Approval of a right -of -way or easement vacation shall require passage by a majority vote of the entire City Council. Subd. 9. Whenever an application for a right -of -way or easement vacation has been considered and denied by the City Council, a similar application for a vacation shall not be considered again by the City Council for at least six (6) months from the date of its denial. SECTION 520 — ADMINISTRATION - APPEALS 520.01. BOARD DESIGNATION: The City Council shall serve as the Board of Adjustments and Appeals. References to the "Council" hereafter in this section shall mean the City Council acting in its capacity as the Board of Adjustment and Appeals. 520.03. APPLICABILITY: An appeal shall only be applicable to an interpretation of legislative intent of provisions of this Chapter. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. 520.05. FILING: An appeal from the ruling of an administrative officer of the City shall be filed by the property owner or their agent with the Zoning Administrator within thirty (30) days after the making of the order being appealed. 520.07. STAY OF PROCEEDINGS: An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Council, after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, the proceedings shall not be stayed other than by a restraining order which may be granted by a court of record on application, and upon subsequent notice to the City. 520.09. PROCEDURE: The procedure for making such an appeal shall be 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. Said application shall be accompanied by a fee set forth in Chapter X of the City Code. Subd. 2. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Council. Subd. 3. The Council shall make its decision by resolution within sixty (60) days from the date on which a completed application is filed. Subd. 4. The Zoning Administrator shall serve a copy of the final order of the Council upon the petitioner by mail. 520.11. APPEALS FROM THE CITY COUNCIL: Any person or persons, any private or public board, or taxpayer of the City aggrieved by any decision of the Council shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be from time to time amended, supplemented or replaced. SECTION 522 — DEVELOPMENT CONTRACT 522.01. PURPOSE: It is the purpose of this section to ensure that a subdivider follows the conditions of approval and properly installs the basic improvements required in a plat. To that end, whenever a subdivision includes any public improvements or other conditions of approval, the subdivider shall enter into a development contract with the City, setting forth the conditions under which the subdivision is approved. 522.03. REQUIRED BASIC IMPROVEMENTS: Subd. 1. Subdivider Installation of Improvements. The subdivider shall arrange for installation of all required improvements in the development subject to the development contract. Subd. 2. City Installation of Improvements. The City reserves the right to elect to install all or any part of the basic improvements required under the provisions of this section pursuant to Minnesota Statutes, Chapter 429, as may be amended. Subd. 3. Basic Improvements Required. All of the following required improvements to be installed under the provisions of this section shall be designed and constructed in accordance with the design standards of this Chapter and the City of Plymouth Engineering Guidelines, which are adopted herein by reference; and approved by and subject to the inspection of the City Engineer. All of the City's expenses incurred as the result of the required improvements shall be paid to the City by the subdivider. (a) Streets. (b) Sanitary sewer. (c) Watermain. (d) Surface water facilities (pipe, ponds, rain gardens, etc.). (e) Grading and erosion control. (f) Sidewalks /trails. (g) Street lighting. (h) Street signs and traffic control signs. (i) Landscaping required by Section 21130.03 of the Zoning Ordinance. 0) Tree preservation. (k) Wetland mitigation and buffers. (1) Monuments required by Minnesota Statutes. (m) Miscellaneous facilities. 522.05. OTHER IMPROVEMENTS REQUIRED: The subdivider shall arrange for the installation of telephone, CATV, electrical and natural gas service following the grading of boulevard or utility easements. 522.07. COMPLETION OF BASIC IMPROVEMENTS: Subd.1. The subdivider shall complete all required basic improvements no later than one (1) year following the commencement of work on the improvements, except 1) where weather precludes completion, 2) for street lighting, 3) for landscaping and 4) for the wearing course of streets. (a) Where weather precludes completion, the improvement(s) may be completed at the outset of the next construction/growing season. (b) The subdivider shall complete street lighting within two (2) years following the initial commencement of work on the required basic improvements. (c) The subdivider shall complete landscaping within one (1) year following the issuance of a building permit for the last vacant lot within the subdivision unless weather precludes completion, in which case the landscaping shall be completed at the outset of the next growing season. (d) The subdivider shall have the option of installing the wearing course of streets within one (1) year following initial commencement of work on the required basic improvements or installing it after the first course has weathered a winter season, consistent with warranty requirements in Section 522.15. Subd. 2. Reproducible record plans of all public improvements as required by the City Engineer shall be furnished to the City by the subdivider. Such record plans shall be in mylar format and an electronic format approved by the City Engineer and shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements. 522.09. FINANCIAL GUARANTEES: Subsequent to execution of the development contract but prior to the release of a signed final plat mylar for recording, the subdivider shall provide the City with a financial guarantee in the form of a letter of credit from a bank, cash escrow, or a combination of a letter of credit and a cash deposit with the City. A letter of credit or cash escrow shall be in an amount equal to one hundred percent (100 %) of the estimated cost of completion of the specified basic improvements. The issuer of the letter of credit or the escrow agent, as applicable, shall be acceptable to the City. Subd. 1. Letter of Credit. If the subdivider posts a letter of credit as a guarantee, the credit shall 1) be irrevocable, 2) be from a bank approved by the City, 3) be in a form approved by the City, 4) be for a term sufficient to cover the completion, maintenance and warranty periods identified in this Section and 5) require only that the City present the credit with a sight draft and an affidavit signed by the City Manager or the Manager's designee attesting to the City's right to draw funds under the credit. Subd. 2. Cash Escrow. If the subdivider posts a cash escrow as a guarantee, the escrow instructions approved by the City shall provide that 1) the subdivider will have no right to a return of any of the funds except as provided in Section 522.13, and 2) the escrow agent shall have a legal duty to deliver the funds to the City whenever the City Manager or the Manager's designee presents an affidavit to the agent attesting to the City's right to receive funds whether or not the subdivider protests that right. Subd. 3. Cash. A cash deposit made with the City Finance Department may be used as part of the required financial guarantee in those instances where the subdivider elects to have the City install some or all of the public improvements. Subd 4. Subdivider Installed Improvements. For basic improvements to be installed by the subdivider, the required financial guarantee shall include all the following fixed or estimated costs. (a) Costs of the basic improvements identified in Section 522.03, Subd. 3. (b) Engineering, to include subdivider's design, surveying, and inspection. (c) Principal amount of special assessments previously levied against the property together with one year of interest. (d) Estimated cost of energy for street lights for the first two years of operation. Subd.5. City Installed Improvements. For basic improvements to be installed by the City, the required financial guarantee shall be the sum of the following fixed or estimated costs: (a) A cash deposit in an amount equal to twenty -five percent (25 %) 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 (5) years together with interest thereon. (b) In lieu of the cash deposit, the subdivider may elect to have the City provide one hundred percent (100 %) of the cost of such installations, which costs shall be assessed over a period of five (5) years. In such event, the subdivider shall post a letter of credit for sixty (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 (2) years and which letter of credit shall be separate from any other letters of credit associated with the subdivider's project. 522.11. ADMINISTRATION OF DEVELOPMENT CONTRACT. If the City elects to install all or part of the basic improvements, the subdivider, upon execution of the Development Contract, shall pay to the City Treasurer the costs of administering the Development Contract. The fee schedule for administrative costs is as follows: Estimated Cost of Proposed Improvement(s) City Administrative Cost Less than $150,000 3.0 percent Minimum $500 $150,000 to $300,000 2.5 percent Over $300,000 2.0 percent 522.13. RELEASE AND EXPIRATION OF FINANCIAL GUARANTEES: Subd.1. The financial guarantee shall be held by the City until, upon written notice by the subdivider and certification from a professional engineer that part or all of the required improvements have been completed and upon verification of such by the City staff, a portion or all of the financial guarantee is released by the City Engineer. No financial guarantee shall be released in full until the City has received 1) certified, reproducible record plans of all required improvements installed by the subdivider and 2) a title insurance policy approved by the City Attorney indicating that the improvements are free and clear of any and all liens and encumbrances. Subd 2. It shall be the responsibility of the subdivider to insure that a submitted financial guarantee shall continue in full force and effect until the City Engineer has approved and accepted all of the required improvements, and thereby is authorized to release the guarantee or reduce the amount of the guarantee as provided in Subd. 1 above. Subd. 3. When any instrument submitted as a financial guarantee contains provision for an expiration date, after which the instrument may not be drawn upon, not withstanding the status of the Development Contract or of the required improvements, the expiration date shall be October 31 or the closest business day in the case of weekends and legal holidays. Further, the financial guarantee shall be deemed automatically extended without change for six (6) months from the expiration date unless sixty (60) days prior to the expiration date, the financial institution notifies the City in writing by certified mail that it does not elect to renew the financial guarantee for an additional period. If the instrument is not to be renewed and has not been released by the City Engineer, another acceptable financial guarantee in the appropriate amount shall be submitted at least sixty (60) days prior to the expiration. The term of any extension shall be approved by the City Engineer and subject to the requirements of this section. Upon receipt of an acceptable substitute financial guarantee, the City Engineer may release the original guarantee. 522.15. WARRANTY / MAINTENANCE GUARANTEE: Subd. 1. The subdivider shall submit either 1) a warranty /maintenance bond or 2) a letter of credit for twenty -five percent (25 %) of the amount of the original cost of the improvements. (a) The required warranty period for materials and workmanship from the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. (b) The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the subdivider shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. (c) The required warranty period for sod, trees, and landscaping is one growing season following installation. SECTION 524 — DESIGN STANDARDS 524.01 GENERAL STANDARDS: Subd. 1. Contiguous Land. A preliminary plat shall include all of the owner's contiguous land, unless subdivision of property contiguous to the subdivision would be premature as defined by this Chapter. If subdivision of the contiguous property owned by the applicant would be premature, the applicant shall submit a sketch plan with enough detail to demonstrate how that property can be subdivided in the future in a manner consistent with the Comprehensive Plan and this Chapter. Final platting may be accomplished in phases. Subd. 2. Subdivisions Straddling Municipal Boundaries. Whenever access to the subdivision is required across land in another city, the City shall request assurance from the affected city that access is legally established and that the access road is adequately improved or that a guarantee has been duly executed and is sufficient in amount to assure the construction of the access road. In general, lot lines should be laid out so as not to cross municipal boundary lines. Subd. 3. Monuments. (a) Official permanent monuments shall be placed as required by Minnesota Statutes, Section 505.02 (as may be amended). (b) All monument markers shall be correctly in place upon final grading and installation of utilities. (c) The City will not issue building permits for a lot within a plat until monuments have been placed for that lot. (d) All United States, state, county or other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position. Subd. 4. Subdivision Names. The proposed name of the subdivision shall not duplicate or too closely approximate phonetically, the name of any other subdivision in the City. The City shall have final authority to designate the name of the subdivision. Subd. 5. Engineering Guidelines. Public and private improvements shall comply with standards set forth in the City's Engineering Guidelines, which are herein adopted by reference. 524.03. LOT IMPROVEMENTS Subd. 1. Lot Arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Ordinance. In addition, all lots shall abut and have direct access to an improved street except for developments with unit lots, in which case the base lot shall abut and have direct access to an improved street. Subd. 2. Minimum Lot Dimensions. All lot dimensions shall comply with the minimum standards of the Zoning Ordinance. Depth and width of properties reserved or laid out for commercial, office or industrial purposes shall be adequate to provide for the off - street parking and loading facilities required for the type of use contemplated, as established in the Zoning Ordinance. Subd. 3. Side Lot Lines. Side lines of lots shall be substantially at right angles to street lines and substantially radial to curved street lines, unless an alternative layout will result in a better street or lot plan. Subd. 4. Corner Lots. Corner lots shall be of sufficient width and depth to comply with the minimum building setback requirement from both streets and to comply with the minimum driveway setback from the intersection, as established in the Zoning Ordinance. Subd. 5. Through or Double Frontage Lots and Access to Lots. (a) Through or Double Frontage Lots. Through or double frontage lots shall not be permitted except where lots back on an arterial roadway or where specific disadvantages of topography or other conditions render subdividing otherwise unreasonable. (b) Access from Minor Arterials and Minor Collectors. Lots shall not, in general, derive access exclusively from a minor arterial or major collector roadway. No lot parallel to a minor arterial or major collector roadway and having a width of less than 200 feet should front on these roadways unless 1) access is limited to streets other than a minor arterial or major collector, 2) access is provided jointly with other lots or 3) access is ultimately to be provided from a planned frontage road. Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on minor arterial or major collector roadways. Subd. 6. Lots Abutting Water. Lots abutting a water body, wetland, drainage way, channel, stream or pond shall be of sufficient width and depth and at the elevation needed to assure that building sites are not subject to flooding. The platting of lots within the floodplain is subject to the Zoning Ordinance provisions relating thereto. Subd. 7. Large Tracts. When a parcel of land is subdivided into larger tracts than for building lots, such tracts shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent streets and utilities. Subd. 8. Lot Remnants. All remnants of land which are below the minimum lot size or which are otherwise unbuildable must be added to adjacent lots and shall not be platted as an unusable outlot or parcel. Subd. 9. Soil Preservation, Grading and Sodding/Seeding. (a) Soil Preservation and Final Grading. No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision plat and the lot covered with top soil with an average depth of at least four (4) inches over the entire area of the lot, except that portion covered by buildings or streets, or where the grade has not been changed or natural vegetation seriously damaged. The soil shall be stabilized by planting or seeding, as specified in the Zoning Ordinance. The soil shall contain no particles more than one (1) inch in diameter. Top soil shall not be removed from the subdivision or used as spoil. (b) Lot Drainage. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Where possible, drainage shall be designed so as to avoid concentration of storm water drainage from each lot to adjacent lots. (c) Sodding/Seeding. Sodding and seeding shall be done in conformance with the Zoning Ordinance and the Engineering Guidelines. Subd. 10. Debris and Waste. No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy in a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of the Development Contract or dedication of public improvements, whichever occurs sooner. Subd. 11. Waterbodies and Watercourses. If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the fees of adjacent lots. The City may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a City responsibility. 524.05. STREETS Subd.1. General Requirements, Streets. (a) Topography and Arrangement. (1) The arrangement, character, extent, width, and location of all streets shall be considered in relation to existing and planned streets, shall provide for reasonable traffic circulation and traffic calming, and shall be appropriately located in relation to topography, run -off of storm water, convenience and safety, and proposed uses of the land to be served. Wherever possible, the arrangement of streets in new subdivisions shall provide for the continuation of existing and planned streets within and outside the proposed plat. Where adjoining lands are not subdivided, the arrangement of streets shall make provision for the proper projection of streets into adjoining lands by carrying the streets to the boundaries of the plat. The arrangement of streets shall not cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. (2) Local streets shall be designed and aligned to discourage their use by non -local traffic, to permit efficient drainage and utility systems and to require the minimum number of streets necessary to provide convenient and safe access to property. (3) Neighborhoods shall be interconnected where possible to provide for emergency access, convenience, dispersal and circulation of traffic and to foster community cohesiveness. (4) In commercial and industrial developments, the streets and other accessways shall be planned in connection with the location of buildings, rail facilities, truck loading and maneuvering areas, and sidewalks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian traffic. (b) Grading and Improvement Plan. The full width of the street right -of -way shall be graded and improved in conformance with the City's Engineering Guidelines and the construction plans submitted as part of the final plat application. (c) Blocks. (1) A block shall normally be so designed as to provide two tiers of lots, unless it adjoins a railroad, arterial or collector street, lake, wetland, park, stream, or other natural feature, where it may have a single tier of lots. (2) Block length and width or acreage within bounding streets shall be sufficient to accommodate the size of lots required by the Zoning Ordinance and to provide for convenient access, circulation control and safety of street traffic. Residential block lengths shall not exceed nine hundred (900) feet nor be less than five hundred (500) feet, except where topography or other conditions justify a departure from that standard. Commercial and industrial block lengths shall not exceed nine hundred (900) feet nor be less than five hundred (500) feet, except where topography or other conditions justify a departure from that standard. (d) Access. (1) Vehicle access shall be prohibited from a stub street to adjoining lots until such time as the stub street is extended into an adjoining tract, or unless a temporary cul- de -sac is provided. (2) When a proposed plat contains or borders on the right -of -way of an existing or planned principal or minor arterial roadway, the City Council may require dedication and installation of a street approximately parallel to and on each side of such right -of -way for adequate protection of properties and to afford a separation of local and through traffic. Such streets shall be located at a distance from the major roadway suitable for the appropriate use of any intervening land. Such distance shall also be determined with due regard for the requirements of approach connections, future grade separations, and lot depths. (3) The subdivider shall provide access to all lots via local streets. When a proposed plat contains or borders on the right -of -way of a principal arterial, vehicle access points shall be restricted in accordance with the City's Comprehensive Plan and the access requirements of the Minnesota Department of Transportation and Hennepin County. When a proposed plat contains or borders on the right -of -way of a minor arterial or major collector roadway, vehicle access points shall be restricted from such roadways. If access onto a minor arterial or major collector is the only option for access and is therefore required, such vehicle access points shall be limited from individual lots onto such streets through the use of shared driveways, consistent with the access management provisions of the City's Comprehensive Plan. (4) Access to minor arterial and major collector streets shall be at intervals of not less than one - fourth (1/4) mile, and through existing and established crossroads where possible. In the platting of small tracts of land fronting on minor arterial streets where there is no other alternative, a temporary access permit may be granted. As neighboring land becomes subdivided and access to other streets becomes possible, such temporary access permit shall become void. (5) When a residential lot has frontage on multiple streets, access to such lot shall be prohibited from higher - order streets (e.g., a lot that fronts on a minor arterial street and a collector street shall be prohibited from having access on the minor arterial street, and a lot that fronts on a collector street and a local street shall be prohibited from having access on the collector street). (e) Street Names. Street names shall be designated by the City street naming system, as administered by the Zoning Administrator. The Zoning Administrator shall have discretion to alter the City street naming system, when appropriate, in order to avoid confusion to the traveling public. A petition to rename a street shall require action by the City Council. (f) Street Regulatory Signs. Street signs of standard design approved by the City shall be installed at each street intersection or at such other locations within the subdivision as designated by the City Engineer. (g) Traffic Control Signs. Traffic control signs pursuant to Minnesota Statutes, Section 169.06, shall be installed at locations within the subdivision as designated by the City Engineer. (h) Turn Lanes and Traffic Lights. Turn lanes and traffic lights shall be installed at the expense of the subdivider when required as a result of the proposed subdivision. (i) Street Lights. Street lights shall be installed at all intersections and at other locations, as required by the City Engineer. All street lights within new subdivisions shall be on ornamental poles with underground electrical service, and shall conform with City lighting standards. The developer shall pay to the City the energy cost for the first two years of operation, or until the dwellings on all lots within the subdivision have been completed, whichever is less. 0) Sidewalks and Trails. Required sidewalks and trails shall be installed at the time a street is constructed. (k) Dead -End Streets, Stub Streets and Cul -de -Sac Streets (permanent and temporary). (1) Dead -End Streets. Dead -end streets shall be prohibited, except as stub streets. (2) Stub Streets. Stub streets shall be installed to permit future street extensions into adjoining tracts, where appropriate. Barricades shall be installed at the end of stub streets and signage shall be provided indicating a future street connection. Stub streets shall not exceed one hundred fifty (15 0) feet in length. (3) Cul -de -Sac Streets (permanent). Cul -de -sac streets may be installed where necessary due to topography, configuration of land, existing road layouts or other special circumstances. (4) Cul -de -Sac Streets (temporary). In those instances where a street is terminated pending future extension in conjunction with future platting and its terminus is located one hundred fifty (150) feet or more from the nearest intersection, a temporary cul -de -sac with a pavement width of seventy (70) feet in diameter shall be provided at the closed end. Any portion of a temporary cul -de -sac not located within the street right -of -way shall be placed in a temporary roadway easement extending at least ten (10) feet beyond the curb line of the temporary cul -de -sac in all directions. No building permit shall be issued for any properties containing such temporary easement until after the temporary cul -de -sac is constructed. A financial guarantee will be required for removal and restoration, as required by the Development Contract for the subdivision. (1) Alleys and Private Streets. (1) Alleys. No new alleys are allowed. (2) Private Streets. Private streets are prohibited. Private drives serving more than one (1) residential unit are regulated by the Zoning Ordinance. Subd. 2. Design Standards, Streets. (a) General. In order to provide for streets of suitable location, width and general improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and road maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, the following design standards for streets are hereby required. (b) Street Surfacing and Improvements. After the subdivider has installed sewer and water, the subdivider shall construct poured -in -place concrete curbs and gutters and shall surface streets to the width prescribed in this Chapter. Types of pavement shall be as prescribed in the City's Engineering Guidelines. Adequate provision shall be made for culverts, drains and bridges. The portion of the right -of -way outside the area surfaced shall be sodded. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications in the City's Engineering Guidelines and shall be incorporated into the construction plans required to be submitted by the subdivider for final plat approval. (c) Right -of -Way Width. (1) Minimum right -of -way width for minor arterial and collector streets shall be as shown in the Comprehensive Plan. When not provided in the Comprehensive Plan, the minimum right -of -way shall be as follows: Street Tvve ( Right-of-Way Width Minor Arterial 100 feet Major Collector 80 feet Minor Collector 60 feet (2) The right -of -way width for local streets shall be determined by the City Engineer and shall be adequate to accommodate pavement width and other improvements required within the right -of -way. The right -of -way width for local streets shall generally be fifty (50) feet. (3) In order to ensure safety and accommodate existing and future street intersections, bridge overpasses, railway crossings, interchanges, topography and the like, the City may require dedication of a greater right -of -way width than specified above. (4) A subdivider may be required to install landscaped medians for certain minor arterial and collector roadways platted within the subdivision, in accordance with roadway standards established by the City Engineer and landscape standards established by the City Forester. (d) Railroads and Principal Arterials. Railroad rights -of -way and principal arterials where so located as to affect the subdivision of adjoining lands shall be treated as follows: (1) In residential districts, lots abutting railroad rights -of -way and principal arterials shall have sufficient lot depth required to accommodate any additional structure setbacks provided by the Zoning Ordinance. (2) In districts zoned for business, commercial or industrial uses, the nearest street extending parallel or approximately parallel to the railroad right -of -way shall, wherever practicable, be at a sufficient distance from the railroad right -of -way to ensure suitable depth for commercial or industrial sites. (3) When streets parallel to the railroad right -of -way intersect a street that crosses the railroad right -of -way at grade, they shall, to the extent practicable, be at a distance of at least one hundred and fifty (150) feet from the railroad right -of -way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients. (e) Pavement Width. (1) Minimum pavement width for minor arterial and collector streets, as measured from back of curb to back of curb, shall be in accordance with the Comprehensive Plan. When not shown in the Comprehensive Plan, the minimum pavement width for minor arterial and collector streets shall be determined by the City Engineer based on anticipated traffic volume. (2) Minimum pavement width for local streets, as measured from back of curb to back of curb, shall be as follows: Local Street Type j Pavement Width Non - Residential 36 feet Residential 28 feet Residential, Low Volume 24 feet Low volume local street means a street with an average daily traffic count of less than five hundred (500.) On such streets, where a narrower pavement width would help preserve natural resources or are needed due to manmade constraints, the minimum pavement width may be reduced to a minimum of twenty -one (2 1) feet. (f) Cul -de -Sac Street Turnarounds and Length. (1) Turnarounds. Cul -de -sacs shall provide a turn- around with a minimum right -of -way diameter of one hundred (100) feet and a minimum pavement diameter of eighty two (82) feet (back of curb to back of curb). Lot lines that directly abut the turnaround shall be radial to the center of the cul -de -sac. Lot lines and curb lines at the intersection of the straight portion of the street and the turnaround shall be rounded with a radius of not less than twenty (20) feet. Residential cul -de -sacs may include a center island within the turn- around for snow storage. Maintenance of such center islands shall become the responsibility of a Homeowners Association for the subdivision. The pavement width between the outside curb of the turn- around and such island shall be a minimum of twenty eight (28) feet wide. (2) Length: The length of a permanent cul -de -sac shall be as follows: a. Up to five hundred feet (500) feet, as measured from the centerline of the intersection of origin to the end of the cul -de -sac right -of -way. b. Between five hundred (500) and seven hundred and fifty (750) feet, provided the following requirements are met: 1) fire flows meet City requirements and looping of the water system will be provided or is planned for, 2) there is a secondary access unless waived by the City Council and 3) the street design incorporates features such as curves, signage and/or additional turnarounds sufficient to minimize traffic backtracking, limit speeding and provide turning for emergency and service vehicles. c. Existing cul -de -sac streets may be extended beyond seven hundred and fifty (750) feet in length when necessary to accommodate new platting or redevelopment, provided the following requirements are met: 1) there is no other street access alternative, 2) the cul -de -sac is extended the minimum length necessary to provide for reasonable use of the land, 3) fire flows meet City requirements and looping of the water system will be provided or is planned for, 4) there is a secondary access unless waived by the City Council and 5) the street design incorporates features such as curves, signage and/or additional turnarounds sufficient to minimize traffic backtracking, limit speeding and provide turning for emergency and service vehicles. (g) Street Grades. The minimum grade for all streets shall be one half of one percent (0.5 %). Grades within thirty (30) feet of intersections with arterial and collector streets and grades for the turnaround portion of a cul -de -sac street shall not exceed three percent (3 %). Otherwise, the maximum grades shall be as follows: Street Type Maximum Grade Minor Arterial 5% Collector 6% Local 7% (h) Intersections. (1) Streets shall be laid out to intersect at right (90 degree) angles with a fifty (50) foot minimum tangent from the radius return. The angle of an intersection may be varied in cases where topography or other factors justify a variation, but in no case shall a street intersect with another street at angle of less than seventy five (75) degrees. Intersections having more than four (4) corners shall be prohibited. (2) Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs shall have a centerline offset of at least one hundred and twenty five (125) feet for local streets and one hundred and fifty (150) feet for minor arterial and major and minor collector streets. (3) Minimum curb radius at the intersection of two (2) local streets shall be at least twenty (20) feet; and minimum curb radius at an intersection involving a collector street shall be at least twenty five (25) feet. (i) Street Alignment. (1) Deflections (horizontal alignment). When connecting street lines of the same street deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than two hundred (200) feet for local streets, and of such greater distance as necessary to meet the Minnesota Department of Transportation Road Design Manual, latest revision, for minor arterial and collector streets. The City Council may require greater or lesser sight distances at the recommendation of the City Engineer. (2) Reverse Curves (horizontal alignment). A tangent of at least fifty (50) feet shall be provided between reverse curves on local streets, and of at least one hundred (100) feet on minor arterial and collector streets. (3) Differing Street Gradients (vertical alignment). Differing connecting street gradients for minor arterial and collector streets shall be connected with vertical parabolic curves. The minimum length of such curves shall be in accordance with the Minnesota Department of Transportation Road Design Manual, latest revision. Subd. 3. Street Dedication and Reservations. (a) All streets within a subdivision shall be dedicated as public streets on the plat. (b) Streets in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half - streets. Where an existing half -street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the subdivider. The City Council may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right -of -way width within the subdivision boundaries. (c) Where a subdivision borders an existing substandard street or street needing improvement, the subdivider shall be required to improve and dedicate at its expense those areas for widening or improvement. Such streets shall be improved and dedicated to the full width as required by these subdivision regulations when the subdivider's activities contribute to the need for the street expansion. 524.07. SIDEWALKS AND TRAILS Subd. 1. Required Improvements. (a) A sidewalk or trail shall be installed along all arterial and collector roadways consistent with the City's Comprehensive Plan. A sidewalk shall be required on one side of all local streets. Sidewalks shall extend to the turn- around portion of a cul -de -sac street. Construction of both sidewalks and trails shall be as specified in the City's Engineering Guidelines. (b) Width. Sidewalks along local streets shall be a minimum of five (5) feet wide. Trails shall be a minimum of eight (8) feet wide, unless located directly behind a curb, in which case they shall be a minimum of ten (10) feet wide. (c) Grade. Sidewalks and trails shall be sloped in such a manner so as to prevent pooling of storm water runoff and to drain away from any nearby buildings. The profile grade shall not exceed the grade of the adjacent roadway, unless authorized by the City Engineer. Subd. 2. Location. Sidewalks shall be included within the dedicated street right -of -way. Trails may be located within the street right -of -way, an easement or an outlot, depending on whether there is sufficient right -of -way to accommodate the trail and meet other City requirements, including snow storage. 524.09. DRAINAGE AND WATER QUALITY Subd. 1. General Requirements. (a) The City Council will not approve any subdivision that does not make adequate provision for quantity and quality of storm water runoff. Any storm water drainage system shall be separate and independent of the sanitary sewer system. (b) The subdivider shall design storm sewers by the Rational Method, or other methods as approved by the City Council, and a copy of design computations shall be submitted along with plans. Inlets shall be provided so that surface water is not carried across or around any intersection, nor for a distance of more than six hundred (600) feet in the gutter. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow at that point. Surface water drainage shall be shown for each and every lot and block. (c) The subdivider shall demonstrate that the runoff generated by the proposed subdivision is properly treated on or off site for phosphorus and total suspended solid levels consistent with the requirements of the City's Comprehensive Plan, including the Water Resources Management Plan and the Hydrologic and Hydraulic Study of the 2020 Urban Expansion Area. (d) New development that creates more than one (1) acre, cumulatively, of impervious surface may not take place without water quality retention basins, ponds or devices for the development site. Water quality basins shall be designed in accordance with the City's Engineering Guidelines. (e) If the City's Comprehensive Plan designates a regional pond within the boundaries of the proposed subdivision, the subdivider shall provide the City with easements for the regional pond. The subdivider shall construct the pond in conjunction with development of the subdivision. Subd. 2. Nature of Storm Water Facilities. (a) Location. The City may require the subdivider to carry away by pipe any spring or surface water that may exist either previously to, or as a result of the subdivision. Such drainage facilities shall be located in the road right -of -way where feasible, or in perpetual unobstructed easements of appropriate width and shall be constructed in accordance the City's Engineering Guidelines. (b) Accommodation of Upstream Drainage Areas. A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The City Engineer shall determine the necessary size of the facility, based on the City's Comprehensive Plan. (c) Effect on Downstream Drainage Areas. The City's Comprehensive Plan together with such other studies as shall be appropriate, shall serve as a guide to needed improvements in downstream drainage facilities outside the subdivision. (1) The subdivider shall construct retention ponds or use natural basins or green corridors to limit runoff to pre- development rates and to control downstream flooding. (2) Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the City may withhold approval of the subdivision until provision has been made for the expansion of the existing downstream drainage facility. (d) Floodplain Areas. (1) Encroachment into the floodplain and floodway below 100 -year flood levels shall be prohibited without mitigating action that will preserve the storage capacity, prevent a surcharge in the flood profile and minimize excessive velocities. The subdivider shall provide for an overflow zone along the bank of any stream or watercourse, in a width that shall be sufficient in times of high water to contain or move the water, and no fill shall be placed in the overflow zone nor shall any structure be erected or placed in the overflow zone. The boundaries of the overflow zone shall be subject to approval by the City Engineer. (2) The City may, when it deems it necessary for the health, safety or welfare of the present or future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit the subdivision of any portion of a property that lies within the floodplain of any stream or drainage course in accordance with the provisions of the Zoning Ordinance. Subd. 3. Dedication of Drainage Easements. (a) General Requirements. Where a watercourse, drainage way, channel or stream traverses a subdivision, the subdivider shall provide a storm water easement, drainage right -of -way or park dedication, whichever the City may deem more appropriate. This easement, right -of -way or dedication shall conform substantially with the lines of such water courses, together with such further width or construction, or both, as will be adequate for the storm water drainage of the area. The City Engineer shall determine the width of such easements, etc. (b) Drainage Easements. (1) Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights -of -way, the subdivider shall provide perpetual, unobstructed easements at least twenty (20) feet in width for drainage facilities across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities. (2) When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat. (3) The subdivider shall dedicate by a drainage easement, land on each side of the centerline of any wetland, body of water, watercourse or drainage channel, whether or not shown on the City's Comprehensive Plan, to a sufficient width to 1) provide proper protection for water quality, 2) provide retention of storm water runoff and 3) provide for the installation and maintenance of storm sewers. 524.11. SEWER AND WATER FACILITIES Subd. 1. General Requirements. (a) The subdivider shall install adequate sewer and water facilities (including fire hydrants) subject to the specifications in the City's Engineering Guidelines. (b) The subdivider shall install sewer and water mains and service connections, which are stubbed to the property line, to serve all lots in the subdivision. The City Council, in its discretion, may waive this requirement upon a showing that to require the installation of sewer and/or water mains within the subdivision would not be feasible with regard to the extension of existing trunk mains to service the subdivision or that particular locations or unusual circumstances of the proposed plat would cause undue hardship to either the owner or subdivider or the City. (c) The subdivider shall extend sewer and water lines to the lot lines of abutting sites that do not have public water service. 524.13. OTHER UTILITIES Subd. 1. Location. All utility facilities, including but not limited to telephone, CATV, natural gas and electric power, shall be located underground. Whenever existing utility facilities are located above ground, except when existing on public roads and right -of -way, they shall be removed and placed underground. Underground service connections to the street property line of each platted lot shall be installed at the subdivider's expense. At the discretion of the City, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use. Subd. 2. Easements. Utility easements shall be required within the perimeter of each lot, measured from the lot lines. Such easements shall be at least ten (10) feet wide adjacent to right -of -way and at least six (6) feet wide adjacent to other land. Such easements shall have continuity for alignment from block to block. Such easements shall also be provided at deflection points for pole -line anchors where necessary. Subd. 3. Dedication. Easements shall be dedicated on the plat instrument for the required use. SECTION 526 — EROSION CONTROL 526.01. EROSION CONTROL PLAN: Prior to commencing any earth disturbing activity in a subdivision, the subdivider shall submit an erosion control plan for approval by the City Engineer. The plan shall be approved if it complies with the City's Zoning Ordinance and the requirements contained herein. 526.03. EROSION CONTROL MEASURES: Subd.1. The following erosion control measures are required for an erosion control plan: (a) The plan shall be suited to the topography and soils so as to create the least erosion potential. (b) The land shall be developed in increments of workable size on which adequate controls of erosion and siltation can be provided and maintained during the construction period. Grading operations and other land disturbing operations shall be staged so that the area being developed is not exposed for long periods of time without stabilization. (c) Temporary vegetation and/or mulching shall be used to protect the areas exposed during the development. No area shall be left denuded for a period longer than five (5) days after initial site grading and other land disturbing operations on slopes of 3:1 and greater. These areas shall be seeded, mulched and stabilized with erosion control netting or blanket acceptable to the City Engineer. (d) Permanent vegetation and structures shall be installed within thirty (30) days after completion of initial grading. If grading is not completed until after the planting season has expired, temporary erosion control measures, including dormant seeding and mulching, shall be implemented. (e) Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters from the land undergoing development. Storm sewer inlets shall be provided with debris guards and microsilt basins to trap sediment and avoid possible damage from blockage. The silt shall be removed when necessary. If sediment/siltation measures taken are not adequate and result in downstream sediment, the subdivider shall be responsible for cleaning out or dredging downstream storm sewers and ponds as necessary. (f) Before grading is commenced, all control measures as shown on the approved plan shall be installed. (g) Immediately after curb and gutter has been placed, cured and backfilled, City approved erosion control measures shall be installed directly behind the curb. This requirement does not alter the subdivider's responsibility for sodding the boulevard. (h) Erosion control practices shall comply with the Minnesota Pollution Control Agency's Best Management Practices. (i) The subdivider shall be responsible for cleaning and maintenance of the storm sewer system [including ponds, pipes, catch basins, culverts, and swales] within the subdivision and the adjacent off -site storm sewer system that receives storm water from the subdivision. The subdivider shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The subdivider's obligations under this paragraph shall end after the erosion control is complete and financial guarantees have been released. 0) The subdivider shall be responsible for cleaning all streets in the subdivision and adjacent to the subdivision from silt and dirt from the subdivision. Subd. 2. Financial Guarantee: (a) A financial guarantee in the form of a non - interest bearing cash escrow or letter of credit satisfactory to the City in an amount determined adequate by the City to guarantee compliance with erosion control measures shall be furnished before work is commenced. The financial guarantee shall remain in place until all the subdivider's obligations under the erosion control plan have been satisfied. (b) If the City draws upon the financial guarantee, the subdivider shall within ten (10) days of the draw, deposit with the City additional security of the same type and amount that the City has drawn. No further inspections will be conducted, no new building permits will be issued, and all work shall stop within the development until the cash deposit for erosion control is restored to the pre - draw balance. Subd.3. Street Cleaning. Prior to commencement of grading, the subdivider shall enter into a contract with an unrelated third party to scrape and sweep the streets in the subdivision and on abutting streets from soil and silt deposited on the streets. At a minimum, scraping and sweeping shall take place on a weekly basis. The City shall be furnished a copy of the contract. The contract shall provide that the contract cannot be canceled without at least thirty (30) days advance written notice to the City. The contract shall further provide that the City may order cleaning of the streets and that the subdivider shall pay the cost. If the subdivider fails to do so, the City may draw on the subdivider's financial guarantee with the City and use it to provide payment for the cleaning. Subd. 4. Enforcement: (a) The City may issue a stop work order halting all development work and building construction for noncompliance with the erosion control plan. (b) The City may draw down the posted financial guarantee and perform any work necessary to achieve compliance with the erosion control plan. The City will endeavor to give the subdivider advance notice of such action. (c) The subdivider shall pay to the City an administration fee of two- hundred and 00 /100 dollars ($200.00) for each violation of the erosion control plan. If the subdivider does not promptly pay the fee, the City may draw upon the posted financial guarantee to pay it. SECTION 528 — PARK DEDICATION 528.01. PURPOSE AND FINDINGS: Subd. 1. Minnesota Statutes Section 462.358, Subd. 2b provides that municipal subdivision regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands, or open space, and that the municipality may alternatively accept an equivalent amount in cash. Subd. 2. The City Council finds that: (a) The preservation and development of parks, playgrounds, and open space areas within the City are essential to maintaining a healthy and desirable environment for residents and persons employed within the City. Further, the value and attractiveness of residential and commercial/industrial developments to landowners, developers, purchasers, employers, and employees is significantly enhanced by the presence of such parks and open space amenities. (b) New developments place a burden upon the City's parks and open space system. New facilities must be developed concurrently with development in order to maintain the current level of service and the quality of the environment for all. Therefore, new developments shall be required to contribute toward the City's park system in rough proportion to the relative burden they will place upon the park system, in order to maintain the existing level of service to the community. (c) Residential development of land creates approximately ninety (90) percent of the need for park and recreational land and facilities within the City. (d) Commercial/industrial development of land creates approximately ten (10) percent of the need for park and recreational land and facilities within the City. (e) Development of land for schools creates additional demand on the City's park and recreational land and facilities, to the extent that the school serves students who do not live within the City of Plymouth. 528.03. DEDICATION REQUIRED: Subd. 1. At the time of subdivision, the developer shall dedicate land for public use as parks, playgrounds, recreation facilities, trails, or public open space, in an amount equal to the development's proportional share of the City park system, as determined by this chapter. Any land dedicated shall be in a location and of a character consistent with and suitable for meeting the needs identified by the City's Comprehensive Plan. Generally, land located within flood plains or wetlands shall not be accepted to meet the proportional share of required land dedication. The City may consider accepting ownership of these lands without giving credit for park dedication. Subd. 2. If the City Council determines that land is not needed in the area of the proposed subdivision, the City may alternatively require payment of an equivalent amount in cash. Any such cash payment shall be used for the acquisition and improvement of land for parks, playgrounds, trails, or public open space, or as otherwise provided by statute. The undeveloped land value shall be used to determine the cash payment required in lieu of land dedication up to a maximum cash payment of $2,600 per dwelling unit for residential development or $6,500 per acre for commercial/industrial development or schools. Subd. 3. If the City Council determines that land is needed in the development, but in a lesser amount than the required proportionate share, the Council may require payment of cash in lieu of land dedication based on a pro -rata share of the land dedication that otherwise would be required. Subd. 4. The dedication requirements based on the development's proportional share of the City park system are presumptively appropriate. A developer may request a deviation from the presumptive requirements based upon the anticipated impact of that particular subdivision. The request must be made to the City Council as part of an application for final plat approval. 528.05. CALCULATION OF PROPORTIONAL SHARE: Subd. 1. Residential Development. A residential development's proportional share is the per capita residential share multiplied by the number of residents expected in the development. Subd. 2. Commercial/Industrial Development. A commercial or industrial development's proportional share is the per capita commercial/industrial share multiplied by the number of employees expected in the development. Subd. 3. Schools. A school's proportional share is the per capita residential share multiplied by the number of students expected to attend the school who live outside of the City of Plymouth. 528.07. LAND DEDICATION/PAYMENT OF FEES: Dedication of land and/or payment of park dedication fees shall be as follows: Subd. 1. Land Dedication. When land is to be dedicated to satisfy the park dedication requirement, separate lots or outlots shall be indicated on the plat drawings for the area(s) to be dedicated. Such lots or outlots shall be deeded to the City prior to the issuance of any building permits within the plat. The developer shall be responsible for finished grading and ground cover and construction of trails in all lands to be dedicated to the City. No credit toward the required dedication shall be given for this work, except that credit for the cost of improvements to trails included in the City's adopted trail plan may be given. Subd. 2. Cash Fee. When a cash fee is to be paid in lieu of land dedication, the payment of such fee shall be required as follows: (a) For residential developments, the fee shall be paid prior to the City's release of the signed final plat mylars for recording with Hennepin County. The exception is that in the case of multiple - family residential developments where the site plan review occurs after the time of final plat approval, the fee shall be paid prior to the issuance of any building permits. (b) For commercial and industrial developments and schools, the fee shall be paid prior to issuance of any building permits within the subdivision. A pro -rated portion of the fee may be deferred if the subdivider proposes to construct significantly less square footage than the site supports, provided that any remaining fees shall be paid if and when additional square footage is constructed on the site in the future. (c) In plats that include outlots for future development, the subdivider may pay to the City 1) the development's proportional share for the entire subdivision including the outlots, or 2) the development's proportional share excluding such outlots, provided that the park dedication requirement shall be satisfied when such outlots are replatted. SECTION 530 — TREE PRESERVATION 530.01. FINDINGS AND PURPOSES: Subd. 1. The City Council recognizes that preservation and replanting of trees is important on new development sites in order to maintain a healthy and desirable community. The City Council also recognizes that a certain amount of tree loss is an inevitable consequence of the urban development process. The City Council finds that these tree preservation regulations help to establish a balance between an individual's rights to develop his or her property, and the needs of the community to protect all aspects of the natural environment and to provide housing, services, and employment opportunities within the City. Subd. 2. The purposes of these tree preservation regulations include, but are not limited to, 1) prevention of soil erosion and sedimentation, 2) improved air quality, 3) reduced noise pollution, 4) energy conservation through natural insulation and shading, 5) control of the urban heat island effect, 6) increased property values, 7) protection of privacy by maintaining and establishing buffers between conflicting land uses, and 8) providing habitat for wildlife. 530.03. SCOPE: The regulations contained in this section shall apply to all properties involving 1) a preliminary plat application received after August 15, 1995, or 2) a lot division application resulting in the creation of one or more new development parcels, received after August 15, 1995. The City does, however, strongly encourage preservation of trees on all properties within the City. 530.05. REMOVAL THRESHOLD: Subd. 1. Developments in residential districts may remove or disturb up to fifty (50) percent of the total inches of significant trees. Any removal or disturbance beyond this threshold shall require reforestation or restitution. Subd. 2. Developments in non - residential districts may remove or disturb up to seventy five (75) percent of the total inches of significant trees. Any removal or disturbance beyond this threshold shall require reforestation or restitution. 530.07. REFORESTATION/RESTITUTION REQUIREMENT: If a development exceeds the allowable removal or disturbance threshold specified in Section 546.05 above, the subdivider shall either reforest appropriate areas within the site (or outside the site if appropriate locations within the site are not available) or pay restitution, or provide a combination thereof. For each one (1.0) tree inch that is removed or disturbed beyond the threshold, the subdivider shall replant one and one - quarter (1.25) inches of new trees or provide the City with one hundred twenty five dollars ($125.00) in restitution. 530.09. TREE INCHES NOT COUNTED: The tree inches of significant trees to be removed for water quality treatment ponds, public trails or sidewalks, and rights -of- way for arterial and major collector roadways shall be exempt from the calculation of total significant tree inches on a development site. 530.11. TREE SURVEY/PRESERVATION PLAN: A tree survey and tree preservation plan shall be submitted with all preliminary plat applications, and with all lot division applications involving the creation of one or more new development parcels. The tree survey and tree preservation plan shall be prepared and signed by a registered surveyor or forester not less than two (2) years prior to submission of a complete application for preliminary plat approval, and shall provide the following information: (a) Location, diameter, and species of all significant trees on the site. (b) Identification of which significant trees are 1) to be protected, preserved, or undisturbed, 2) to be removed or disturbed, and 3) exempt from the calculation (under Section 546.09). (c) Areas proposed to be designated as natural preserves where all natural vegetation, including significant trees, will be protected and preserved (refer to Section 811 of the City Code -- Natural Preserves —for information requirements.) (d) Proposed disturbance zones, as identified by cross - hatching or gray - colored shading on the plan. (e) Location and dimensions of building pads, construction zone for each lot, and proposed street layout and grading contours of the site. (f) Proposed locations and details of tree protection fencing to be installed for all trees to be preserved. (g) Calculation of removed or disturbed significant tree inches on the site (excluding exempt tree inches) divided by the total significant tree inches on the site (excluding exempt tree inches). 530.13. REFORESTATION /RESTITUTION PLAN: Subd. 1. If the amount of significant tree inches to be removed or disturbed exceeds the specified threshold, the subdivider shall provide a reforestation plan, or a calculation of restitution, or a combination thereof. Subd. 2. A reforestation plan shall be prepared and signed by a registered landscape architect or forester and shall comply with the following criteria: (a) The plan shall indicate the location and diameter or height of all trees to be planted. (b) No more than one - fourth (1/4) of the trees to be planted may be from any one species, unless recommended by the City Forester. (c) Plantings shall be of similar vegetation as found on the site, with a preference for plantings designated as native to the site. (d) The minimum planting size for deciduous trees shall be two and one half (2.5) inches in diameter, and the minimum planting size for coniferous trees shall be six (6) feet in height, except that up to fifteen (15) percent of the required tree inches may be of ornamental species of a lesser size, provided the required number of replacement inches is maintained. (e) Installation of trees shall follow the City's standard tree planting details (Plates SPP -3 and SPP -4 of the City's Engineering Guidelines). (f) Trees to be planted shall be from certified nursery stock as defined and controlled by Minnesota Statutes Sections 18.44 through 18.61, the Plant Pest Act. Subd. 3. Replacement trees shown on a reforestation plan may count toward the trees required by the City's landscaping regulations. Subd. 4. Restitution shall be paid to the City in cash prior to the City's release of the signed final plat mylars for recording, or prior to approval of a minor subdivision. Any restitution paid shall be placed in the Community Planting Fund and shall be used for reforestation projects in the City. 530.15. STAFF REVIEW: The tree preservation plan and any related reforestation plan or calculation of restitution shall be reviewed and evaluated by the City Forester. The City Forester may make recommendations for adjustment of locations of structures, roadways, utilities, and for replanting and other elements that may be necessary to enhance tree preservation and reforestation efforts. 530.17. CITY ACTION: A tree preservation plan and reforestation plan, including the designation of any natural preserves, shall be considered for approval or denial by the City Council as part of the review of a preliminary plat. A tree preservation plan and reforestation plan shall be considered for approval or denial by the Zoning Administrator as part of the review of a minor subdivision. Any natural preserves included in a request for minor subdivision shall be considered for approval or denial by the City Council. 530.19. AMENDMENTS: A tree preservation plan and reforestation plan may be amended after it has been approved. The Zoning Administrator shall have authority to approve amendments, except that a change resulting in removal of more than ten percent of the significant tree inches that were shown as preserved on a City Council approved tree preservation plan shall require further review by the City Council. As part of any amendment to a tree preservation plan, the required reforestation and/or restitution shall be increased or reduced as appropriate. Requests for amendments shall be submitted prior to removal of any trees shown as preserved on an approved plan. Amendment of a Natural Preserve shall be governed by Section 811 of the City Code. 530.21. FINANCIAL GUARANTEE: Following approval of the tree preservation plan, but prior to issuance of a grading permit or building permit if no grading permit is required, the subdivider shall provide a financial guarantee, as follows: Subd. 1. A cash escrow or letter of credit to guarantee the tree preservation plan, and the reforestation plan if applicable. The guarantee shall be part of the development contract for projects including public improvements, or shall be part of a site improvement performance agreement (SIPA) if no public improvements are proposed. Subd. 2. The amount of the fmancial guarantee shall be calculated as follows: Twenty -five (25) percent of the total significant tree inches shown as preserved that are located within fifteen (15) feet of a disturbance zone multiplied by one hundred twenty five dollars ($125.00) per inch, plus one hundred (100) percent of the total tree inches required by the reforestation plan, if applicable, multiplied by one hundred twenty five dollars ($125.00) per inch. The minimum financial guarantee shall be one thousand dollars ($1,000.00) The amount of the financial guarantee shall be maintained at the calculated level until such time as 1) all trees on the site (preserved trees and new reforestation trees) have survived a winter season, which is defined as the period 31 October through 30 April for the purpose of this section, and 2) the City has inspected the site and authorized a reduction or release. 530.23. INSPECTION AND ENFORCEMENT OF TREE PRESERVATION PLAN: Subd. 1. Prior to removal of any trees and prior to issuance of a grading permit, or prior to commencement of any grading operations if no grading permit is required, or prior to issuance of a building permit if no grading operations are required, all sites shall be staked and fenced for tree preservation pursuant to the approved tree preservation plan. A copy of the approved tree preservation plan shall be submitted with an application for a grading permit, or with an application for a building permit if no grading permit is required. Such tree preservation plan shall also indicate any reforestation trees to be planted on the site. Upon staking of the site and installation of the tree protection fencing, but prior to issuance of any permits or commencement of any grading operations, the subdivider shall contact the City Forester to schedule an inspection of the staking and fence installation on the site. No permits shall be issued, nor shall any grading operations commence, without first receiving authorization by the City Forester. Tree protection fencing shall remain in place until after the certificate of occupancy is issued for the building on the site. Subd. 2. Upon completion of the preliminary site grading operations, but prior to any further issuance of permits upon the site, the subdivider shall contact the City Forester to schedule a second inspection of the site to verify the preservation of trees, as shown on the approved tree preservation plan. No additional permits shall be issued within the plat until a fine of one hundred fifty dollars ($150.00) per inch is paid for the disturbance of all significant tree inches that have not been protected, but were shown as protected on the approved tree preservation plan. Any such fines collected shall be placed in the Community Planting Fund and shall be used for reforestation projects in the City. Subd. 3. Prior to issuance of a certificate of occupancy, the subdivider (or builder if different from the subdivider) shall contact the City Forester to schedule a final tree preservation inspection to verify the preservation of trees and the planting of any reforestation trees, as shown on the approved tree preservation plan. This required inspection shall be made at least five (5) working days before the certificate of occupancy is requested. Prior to issuance of a certificate of occupancy, a fine of one hundred fifty dollars ($150.00) per inch shall be paid for the disturbance of all significant tree inches that have not been protected, but were shown as protected on the approved tree preservation plan. Any such fines collected shall be placed in the Community Planting Fund and shall be used for reforestation projects in the City. SECTION 532 — OFFICIAL MAPS 532.01. PURPOSE: Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to non - public uses which could have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this ordinance to provide a uniform procedure for the proper use of official maps as authorized by the Minnesota Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.36. 532.03. OFFICIAL MAP DEFINED: "Official map" as used in this ordinance means a map adopted in accordance with this ordinance showing existing streets, proposed future streets, and the area needed for widening of existing streets of the City. An official map may also show the location of existing and future land and facilities within the City. An official map may cover the entire City or any portion of the City. 532.05 INITIATION OF PROCEEDINGS: Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by 1) the City's Planning Division; 2) a recommendation of the Planning Commission; or 3) action by the City Council. 532.07. REFERENCE TO PLANNING COMMISSION: Every proposed official map or change in a map shall be referred to the Planning Commission for advice and recommendation thereon, and such recommendation shall be submitted to the City Council within forty -five (45) days after reference to the Planning Commission along with the report of the Commission on the effect of the proposal on the comprehensive plan of the City. If no recommendation is received by the Council from the Planning Commission within forty -five (45) days after reference of the proposal to the Commission by the Council, the Council may take such action as it may deem proper upon the proposal without further action by the Planning Commission. 532.09. NOTICE AND HEARING: Subd.1. Notice. Upon receiving the recommendation of the Planning Commission or after forty-five (45) days from the submission of the proposal to the Planning Commission without a recommendation from the Commission, the Council may call a public hearing on the proposal. A notice of the time, place, and purpose of the hearing and a description of property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten (10) days prior to the date of the hearing. At least ten (10) days prior to the hearing the Clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice the owners shall be determined by the records of the County Auditor and the notice shall be addressed to the last known address as shown by the Auditor's records. Failure to serve any such notice shall not invalidate the proceedings. Subd. 2. Hearing. At the time and place specified in the notice, the Council shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time without further notice. The Council may direct the Planning Commission to conduct a hearing and following the hearing to report its recommendation to the Council. 532.11 PREPARATION AND FILING OF MAPS: The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a licensed land surveyor. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the County Recorder. 532.13. EFFECT: After an official map has been adopted and filed, the issuance of building permits by the City shall be subject to the provisions of this ordinance. The City shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within any area designated on the official map for street or other public purposes. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the City, the City is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the City any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the City to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. 532.15. APPEALS: Whenever a building permit is denied pursuant to this ordinance, the Board of Appeals and Adjustments shall, upon appeal filed with it by the owner of the land, grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the Board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or (b) that balancing the interest of the City in preserving the integrity of the official map and of the comprehensive City plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. The Board of Appeals and Adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten (10) days before the hearing. If the Board authorizes the issuance of a permit, it shall specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted. If the Board authorizes issuance of a permit, the Council or other Board or Commission having jurisdiction shall have six (6) months from the date of the decision of the Board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the City shall issue the permit if the application otherwise conforms to local ordinances. SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage, and shall apply to all applications for subdivision approval acted upon by the City Council after that date. ADOPTED by the City Council this 100 day of June, 2003. 111a M ATTEST Y��xlteA94�J andra R. Paulson, City Clerk