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