A.   The purpose of this Chapter is to stage the zoning, subdivision and development of land within the City’s residential, commercial and industrial areas so that sewer and transportation capacity demands caused by new development are consistent with the Comprehensive Plan, do not have substantial impacts on metropolitan, County and City sewer and transportation facilities and plans, and the adequate facility and infrastructure capacity is available concurrently with demands generated by new development. In particular, this Chapter is intended to control the generation of peak period traffic on Highway 61/10 and the use of the Cottage Grove sewage treatment plant by imposing staged limits on the use of existing, planned and programmed capacity.

   B.   The Cottage Grove wastewater treatment plant operated by the Metropolitan Council Environmental Services Division provides service to only Cottage Grove. The plant has a capacity to treat 2.54 million gallons per day. The plant is not projected to have an expansion for additional capacity prior to 2003.

   C.   The City has three hundred three (303) acres of residential, fifty-six (56) acres of commercial and five hundred thirty (530) acres of industrial land within the Metropolitan Urban Service Area (MUSA) which is not developed. Based on a market study, the industrial land is projected to develop at an average rate of three percent (3%) per year. Based on the development history of residential land use, the City does not have adequate land within the MUSA to accommodate additional residential growth.

   D.   In order to accommodate development of land within the MUSA and obtain a reasonable amount of additional residential land, to be added to the MUSA without exceeding the current capacity of the plant, the City is enacting an ordinance to allow development, but only if there is adequate sewer plant capacity to serve new development.

   The provisions of this Chapter shall apply to land that is within the MUSA that has not received approval for development before February 21, 1996. Any development approved after February 21, 1996, must comply with the terms of this Chapter.

   A.   All applications, maps and documents relative to a new development shall be submitted to the Community Development Director. All new developments shall be reviewed and processed in accordance with applicable procedures established elsewhere in this Code.

   B.   The Planning Commission and Council may not approve a new development unless: 1) the public facilities to serve the new development exist or, in the case of transportation facilities, are planned for construction, or 2) the developer has executed an agreement to construct the necessary improvements to enable compliance with this Chapter. Nothing in this Chapter shall prevent the City from approving a portion of a new development if the approved portion complies with the provisions of this Chapter.

   A.   Transportation Impact Analysis:

   1.   A traffic impact analysis shall be prepared and submitted to City Staff for each new development. An environmental assessment worksheet may, if it contains the following, be substituted for a traffic impact analysis. A traffic impact analysis must contain the following information:

         a.   Introduction and description of existing conditions and identification of the traffic study area. This should include maps of the existing roads and highways including intersections that will be impacted by vehicular traffic generated by the new development.

         b.   Analysis of existing traffic conditions within the traffic study area.

         c.   Analysis of future traffic conditions within the study area without the proposed development. Use various measures as appropriate (intersection capacity analysis; level of service; volume/capacity ratio).

         d.   Description of proposed site traffic characteristics within the traffic study area which shall include the number of A.M. and P.M. peak period trips that will be generated by the new development.

         e.   An analysis of future traffic conditions with proposed development within the traffic study area. This includes an assignment of the new trips to the roadway network (trips added to TH 61/10 must be shown).

      2.   A determination of the level of service resulting from the additional trips must be made. If the level of service causes the future traffic conditions outside of the proposed development to fall below a grade “D” within the traffic impact analysis, the improvements needed to mitigate the additional traffic must be described and proposed. These improvements may include both capacity improvements (e.g., signalization, turn lanes, new roads) and traffic demand management strategies (e.g., park and ride, flexible work hours, telecommuting). How the improvements will be phased along with the staging of development and a schedule and commitment to both capital improvements and TDM strategies must be shown.

      3.   A development that is projected to generate peak period trips (PPT) exceeding the “baseline peak period trip contribution (BPPTC)”, may not be approved without implementation of traffic mitigation measures that reduce the PPT to or below the BPPTC.

   B.   Sewer Impact Analysis: A sewer impact analysis shall be prepared and submitted to the Community Development Director for each new development. A sewer impact analysis shall contain information necessary to determine whether existing public facilities which will be utilized by the new development will be adequate to serve the demand generated by the new development. An environmental assessment worksheet may, if it contains the following, be substituted for a sewer impact analysis. A sewer impact analysis shall contain the following: Analysis of the amount (average daily) of sewage flow to be generated from the new development within the study area and a breakdown by proposed use.

   A.   Roads:

      1.   It shall be determined that there are adequate public facilities to serve a new development if, after taking into account traffic generated by all existing and approved new development which will utilize the impacted roads, one (1) of the following conditions will be satisfied:

         a.   Existing City, County, State or regional roads and intersections which will be impacted will be adequate to accommodate the traffic that will be generated by the new development; or

         b.   Any road or intersection construction necessary to accommodate the additional traffic above BPPTC from the new development is planned for construction; or

         c.   The new development will not cause the vehicular trip generation from the City to exceed the baseline peak period trip contribution; or

         d.   That with offsetting improvements, or the implementation of transportation demand management strategies, the new development will not cause the vehicular trip generation from the City to exceed the baseline peak period trip contribution.

      2.   In determining compliance with the above factors, the following shall be considered, and related requirements may be imposed:

         a.   Whether the developer agrees to construct necessary roads and road and intersection improvements, implement a traffic management plan or undertake other traffic mitigation measures that offset impacts from the new development.

         b.   The availability and likely use of existing or programmed public bus, rail, or other forms of mass transportation to serve the new development.

         c.   Other plans, programs or measures that would offset impacts from the new development.

   B.   Sewers:

      1.   Generally: It shall be determined that there are adequate public facilities to serve a new development if, after taking into account sewerage generated by all existing and approved new development which will impact the sewage treatment plant, the following conditions will be satisfied:

         a.   The expected annual average and maximum daily loadings from the new development, together with existing flows and flows from other approved development, will not exceed the maximum allocated sewer capacity.

         b.   The provisions of this subsection may not be amended without approval of the Metropolitan Council.

      2.   Sewers in Industrial Park MUSA: High-capacity sanitary sewer discharge users shall be limited to fifty (50) acres within the industrial park MUSA. The fifty (50) acres may “float” within in the industrial park MUSA and are not assigned to a particular fifty (50) acres. Once fifty (50) acres of land within the industrial park MUSA has developed with high-capacity sewer discharge users, any land remaining undeveloped within the industrial park MUSA must develop only with low capacity sanitary sewer discharge users.

   The City shall create and maintain a priority list which shall be a waiting list arranged by date of completion of the review for approved new developments which are prevented from developing due to the lack of adequate public facility capacity. Removal from priority list shall occur and construction of the new development may commence when condition(s) preventing construction of the new development have been satisfied, including the execution of necessary public facility improvement agreements.

   A.   The Community Development Department shall prepare an annual development report describing new development and facility capacity for submission to the Planning Commission, City Council and Metropolitan Council by January 31 for each previous year. The annual development report shall describe the development which has occurred in the preceding year. The report shall include, but not be limited to, the following information:

      1.   Number of building permits approved for new residential dwelling units by type.

      2.   Number of building permits approved for nonresidential uses by type and total floor area.

      3.   Estimated increase in population, household and employment.

      4.   Presentation of the same information for the previous five (5) years.

   B.   The annual report shall include an analysis of the current and future utilization and capacity of specific public facilities and services. For sewers, the report shall include the following:

      1.   Average sewage generation (in gallons per day and RECs) for each type of dwelling unit and commercial/industrial use;

      2.   Inventory/tabulation of existing flows, including all allocations to the system and total system capacity;

      3.   Sewage generation projection for the system including the basis for their computation; and

      4.   A list of capital projects contained in the capital improvements program for the expansion of sewage facilities and the construction of improvements to reduce sewage flow including project status.

   C.   The report shall contain the following information with regard to transportation:

      1.   Peak period trip generation on Highway 61/10 attributable to new development during the past year;

      2.   A list of the existing average daily traffic (ADT) and level of service on major roadways within and which service the City; and

      3.   A list of capital improvement projects contained in the City’s capital improvements program for expanded transportation services and capital improvement projects contained in the County and State transportation improvement programs which will facilitate transportation in the City.

   D.   The City shall submit the annual development report to the Metropolitan Council and shall meet with the Metropolitan Council staff to review and, as appropriate, supplement and/or modify the information contained in the report within one (1) month following submission.

   E.   Based on development, capacity improvements planned for construction, and traffic demand strategies, the Metropolitan Council will evaluate the base peak period trips on an annual basis. After completing the evaluation, the Metropolitan Council will determine if any revision to the BPPTC figures should be made.

   The provisions of this Chapter are supplementary to other laws, rules, regulations and ordinances applicable to development within the City. Compliance with the provisions in this Chapter shall not release an applicant from complying with the requirements of other Federal, State, County and City laws, rules, regulations and ordinances applicable to the zoning, subdivision, development and use of land within the City.