The purpose of this section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this Appendix E.

All development, redevelopment and site changes shall require a site plan review unless exempted by the zoning administrator.

(a)

Prior to the formulation of a site plan, applicants may present a sketch plan to the zoning administrator prior to filing of a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than two feet and may include the following:

(1)

The proposed site with reference to existing development, topography, and drainage conditions on adjacent properties, at least to within 200 feet.

(2)

Natural features.

(3)

General location of existing and proposed structures including signs and utilities.

(4)

Tentative access, circulation and street arrangements, both public and private.

(5)

Amenities to be provided such as recreational areas, open space, walkways, landscaping, etc.

(6)

General location of parking areas.

(7)

Proposed public sanitary sewer, water and storm drainage.

(8)

A statement showing the proposed density of the project with the method of calculating said density also shown.

(9)

Extent of and any proposed modifications to land, wetlands, shoreline, or waterbodies.

(10)

Other items as may be deemed necessary by city staff.

(b)

The zoning administrator shall have the authority to refer the sketch plan to the planning commission, the heritage preservation commission if the project is located within the Excelsior Downtown Historic District, and/or city council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the zoning administrator, planning commission, heritage preservation commission and/or city council shall be considered advisory only and shall not constitute a binding decision on the request.

(c)

Sketch plan review shall not activate the 60-day time requirements pursuant to Minn. Stats. § 15.99.

(Ord. No. 535, § 1, 11-19-2016)

Pursuant to Minn. Stats. § 15.99, an application for site plan approval shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:

(1)

Request for site plan approval, as provided within this Appendix E, shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee as established by city council resolution. Such application shall also be accompanied by five large scale (at least 22 inches by 34 inches) copies, one reduced scale (11 inches by 17 inches) copy of site plans, and written materials fully explaining the proposed change, development, or use. The request shall be considered as being officially submitted and complete when the applicant has complied with all specified information requirements. In cases where an application is judged to be incomplete, the zoning administrator shall notify the applicant, in writing, within 15 business days of the date of submission.

(Ord. No. 423, 1-7-2008; Ord. No. 445, § 4, 10-7-2009)

(2)

Proof of ownership or authorization. The applicant shall supply proof of title and the legal description of the property for which the site plan approval is requested, consisting of an abstract of title and as applicable supply documented authorization from the owner(s) of the property in question to proceed with the requested site plan application.

(3)

The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in conducting an evaluation of the request.

(4)

City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert assistance with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this Appendix E. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

(5)

The zoning administrator may determine that the application requires review by the planning commission, city council, and heritage preservation commission, as specified under this Appendix E or other applicable chapters of the Code.

(6)

The applicant or a representative thereof shall meet with the zoning administrator and/or city staff in order to present information and answer questions concerning the proposed requests.

(7)

The zoning administrator shall reach a decision on the request within 60 days after the meeting at which the matter was officially submitted.

Prior to approving an application for a site plan review, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the site plan review application relates.

The zoning administrator shall evaluate the proposed site plan based upon compliance with the city comprehensive plan, provisions of this Appendix E, including good neighbor guidelines as applicable, and other applicable chapters of the Code.

(Ord. No. 610, § 3, 9-9-2020)

The information required for all site plan, zoning text and map amendments, conditional use permits, interim use permits, and variance applications consists of the following items:

(1)

Survey requirements.

a.

The city requires the submittal of a certified land survey for all projects in the city except those projects in which existing exterior walls or the roof line are not altered in such a way as to increase the footprint or volume of a building and for exact surface replacement of sidewalks, driveways, decks and patios. Any applicant seeking to be excused from the requirement to submit a certified land survey must verify that he or she qualifies for the exception by having an inspection conducted at his or her expense by the city before and after construction of the project.

b.

All new fences and retaining walls shall require a boundary line survey with the following exceptions:

1.

Replacement fences and retaining walls shall not require a boundary line survey if located more than three feet from a common property line between adjoining lots or parcels.

2.

Within three feet or less, a boundary line survey would not be required if the fence or retaining wall location is agreed to by notarized signature of the adjoining property owners and a copy is provided to the city. If no agreement is secured, a boundary line survey would be required.

The zoning administrator is authorized to require the owner of the property where a fence or retaining wall is being installed to provide a boundary line survey showing the location of the fence or retaining wall if an adjacent property owner or the building inspector disputes the location of the fence or retaining wall.

c.

The survey shall have been completed within five years from the date of application. The zoning administrator may accept a survey completed more than five years from application if the applicant certifies, in writing, that the document is complete, accurate and no changes have been made to the buildings, site, structures, impervious coverage or topography of the property.

d.

The survey shall comply with all of the requirements specified in Appendix E before a building permit is issued or development application is accepted for review. True and accurate representation of the following requirements is the responsibility of the applicant.

e.

Required surveys are separated into two types—boundary line surveys and full surveys:

1.

Boundary line surveys are required for new retaining walls, boundary line fences, and replacement fences as specified in subsection 9-7(1)b.

2.

Full surveys are required for all other development projects that are not exempt in subsections 9-7(1)a. and 9-7(1)b. or allowed a boundary line survey.

f.

Boundary line surveys shall require the following:

1.

General information.

i.

Legal description of property.

ii.

PID number.

iii.

North point and graphic scale.

iv.

Benchmark information.

v.

Date of survey.

vi.

Name of surveyor, registration number, and signature.

2.

Existing site information.

i.

Boundary lines of project site including dimensions. Existing iron monuments shall be shown.

ii.

Existing topographic contours at two foot intervals in the project area.

3.

Easement information.

i.

Private and public easement locations and dimensions (recorded and unrecorded written easements).

ii.

Utilities and rights-of-way easements.

4.

Proposed project information.

i.

Dimensions and plan of proposed fences and/or retaining walls. (Required only for fence or retaining wall projects.)

ii.

Drainage plan with indication of direction of surface water drainage by arrows. (Required for all projects.)

iii.

Slope of driveway in percent of grade (minimum .50 percent, maximum 10 percent). (Required only for driveway projects.)

iv.

Pervious and impervious surface calculations for the lot or parcel: (Required for all projects)

a)

Percentage and square footage of building/structure/ improvement coverage.

b)

Percentage and square footage of driveway, sidewalks and parking.

c)

Percentage and square footage of deck, patios and retaining walls.

d)

Percentage of square footage of aggregate surfaces.

e)

Percentage and square footage of pervious open space and/or landscaped area.

v.

Erosion control plan. (Required for all projects.)

5.

Submission requirements.

i.

All information shall be certified by a Registered Surveyor.

ii.

No hand drawn notations shall be allowed on the drawing.

iii.

The certified land survey shall be submitted to the city in electronic and paper formats. All surveys submitted to the city shall be conducted in the Hennepin County coordinate system using NAD 83-86 horizontal datum and NGUD 88 vertical datum.

iv.

Construction drawings should be submitted in PDF files, TIF files, or appropriate electronic format.

g.

Full surveys shall require all of the information for a boundary line survey specified in subsection 9-7(1)d. and the following: (A sample certificate of survey can be obtained at City Hall.)

1.

Project information.

i.

Name of project (if applicable).

ii.

Zoning district (if applicable).

iii.

Name and address of developer/owner.

iv.

Area of lot.

2.

Existing site information.

i.

Boundary lines of project site including dimensions. Iron monuments shall be shown.

ii.

Existing topographic contours at two foot intervals extending into adjacent lots at least 20 feet.

iii.

Adjacent streets and rights-of-way.

iv.

Diagram of existing principal buildings, dimensions, and setbacks.

v.

Accessory building locations, dimensions, and setbacks.

vi.

Tabulation of building coverage.

vii.

Tabulation of impervious surface coverage as per the shoreland requirements found in article 60 of Appendix E.

viii.

Location and description of all significant tree(s) as per tree Appendix E requirements found in article 22 of Appendix E (if applicable).

ix.

Driveways and sidewalks.

x.

Fences and retaining walls.

xi.

Septic systems, wells, swimming pools.

xii.

Location of buildings on adjacent lots at least 20 feet into adjacent lots (if applicable).

xiii.

Slope of driveway in percent of grade (minimum .50%, maximum 10%).

xiv.

Elevations of the lowest points of existing grade of the proposed building at a point abutting the building.

3.

Environmental information.

i.

Shoreland boundary (include OHW elevation).

ii.

Wetland boundary (include a copy of delineation report).

iii.

Floodplain/flood fringe boundary (include elevations at building and lot corners).

iv.

Location of erosion control, driveway access and soil stockpile during construction.

4.

Easement information.

i.

Private and public easement locations and dimensions (recorded and unrecorded written easements).

ii.

Utilities and rights-of-way easements.

5.

Utility/infrastructure information for affected property.

i.

Manhole rim elevations and pipe elevations and sizes.

ii.

Infrastructure. Location and size information must be shown.

a)

Sanitary sewer including invert elevation at connection point of main.

b)

Water main.

c)

Natural gas.

d)

Electrical.

e)

Storm sewer design, catch basin inverts and locations, NURP pond dimensions and elevations.

f)

Surface water collection and conveyance features including arrows indicating the direction of surface drainage patterns.

g)

Surface water ponds and ditches.

h)

Trunk highways.

iii.

Base plan shall have all lines representing gravity pipes drafted in the direction of flow. All lines representing pipes shall be drawn continuous between fittings, bends, structures, etc. Pipe lines shall meet end to end at the center point of all structures.

6.

Proposed project information.

i.

Diagram of proposed buildings, structures, dimensions and setbacks.

ii.

Proposed topographic contours at two foot intervals.

iii.

Proposed accessory building locations, dimensions and setbacks.

iv.

Proposed pervious and impervious surface coverage including:

a)

Percentage and square footage of building/structure/ improvement coverage.

b)

Percentage and square footage of driveway, sidewalks and parking.

c)

Percentage and square footage of deck, patios and retaining walls.

d)

Percentage of square footage of aggregate surfaces.

e)

Percentage and square footage of pervious open space and/or landscaped area.

v.

Actual elevations for proposed garage floor, basement floor, foundation top, and building height.

vi.

Proposed treatment of the perimeter including screens, fences, walls and landscaping.

7.

Submission requirements.

i.

All information shall be certified by a Registered Surveyor.

ii.

No hand drawn notations shall be allowed on the drawing.

iii.

The certified land survey shall be submitted to the city in electronic and paper formats. All surveys submitted to the city shall be conducted in the Hennepin County coordinate system using NAD 83-86 horizontal datum and NGUD 88 vertical datum.

iv.

Construction drawings should be submitted in PDF files, TIF files, or appropriate electronic format.

v.

As built plans should be submitted in:

a)

DWG format referenced to Hennepin County coordinate system;

b)

PDF or TIF file of the final signed recorded plans; and

c)

Paper or mylar copies.

vi.

All other information as deemed reasonable and necessary by city staff, the planning commission and/or city council.

(2)

A site plan utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following: (A sample site plan can be obtained at city hall.)

a.

Name and address of developer/owner.

b.

Name and address of architect/designer.

c.

Date of plan preparation.

d.

Dates and description of all revisions.

e.

Name of project or development.

f.

All proposed improvements, including:

1.

Required and proposed setbacks.

2.

Location, setback, and dimensions of all proposed buildings and structures.

3.

Location of all adjacent buildings located within 100 feet of the exterior boundaries of the property in question.

4.

Location, number, dimensions, and setbacks of proposed parking spaces and drive aisles.

5.

Location, number, and dimensions of proposed loading spaces.

6.

Location, width, and setbacks of all curb cuts and driveways.

7.

Vehicular circulation.

8.

Sidewalks, walkways, trails.

9.

Location and type of all proposed lighting, including details of all proposed fixtures.

10.

Location of recreation and service areas.

11.

Location of rooftop equipment and proposed screening.

12.

Provisions for storage and disposal of waste, garbage, and recyclables, including details for screening exterior trash/recycling enclosures.

13.

Location, sizing, and type of water and sewer system mains and proposed service connections.

(Ord. No. 423, 1-7-2008)

(3)

Grading/stormwater drainage plan, utilizing a copy of the current certificate of survey as a base for the site in question, prepared and signed by a Minnesota licensed engineer, depicting the following:

a.

Existing contours at two foot intervals (may be prepared by a Minnesota licensed surveyor).

b.

Proposed grade elevations at two foot maximum intervals.

c.

Drainage plan, including the configuration of drainage areas and calculations.

d.

Storm sewer, catch basins, invert elevations, type of castings, and type of materials.

e.

Spot elevations (may be prepared by a Minnesota licensed surveyor).

f.

Proposed driveway grades.

g.

Surface water ponding and treatment areas.

h.

Erosion control measures.

(4)

Landscaping plan, utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

a.

Planting schedule (table) containing:

1.

Symbols.

2.

Quantities.

3.

Common names.

4.

Botanical names.

5.

Sizes of plant material.

6.

Root specification (bare root, balled and burlapped, potted, etc.).

7.

Special planting instructions.

b.

Location, type, and size of all existing significant trees to be removed or preserved.

c.

Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).

d.

Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas, berms, and the like.

e.

Typical sections with details of landscape islands, planter beds, and foundation plantings with identification of materials used.

f.

Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.

g.

Delineation of both sodded and seeded areas with respective areas in square feet.

h.

Coverage plan for underground irrigation system, if any.

i.

Where landscape or man-made materials are used to provide screening from adjacent and neighboring properties, a cross-through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.

j.

Other existing or proposed conditions which could be expected to affect landscaping.

(5)

Other plans and information as required by the zoning administrator including, but not limited to:

a.

Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).

b.

Architectural elevations showing proposed structure or project in relation to structures on adjacent properties.

c.

"Typical" floor plan and "typical" room plan drawn to scale with a summary of square footage for each use or activity.

d.

Fire protection plan.

e.

Extent of and any proposed modifications to land, wetland, shoreline, or waterbodies.

f.

Type, location and size (area and height) of all signs to be erected upon the property in question.

g.

Vicinity map showing the subject property in reference to nearby highways or major street intersections.

h.

Sound source control plan.

i.

Lighting plan.

j.

Snow removal plan.

(Ord. No. 604, § 3, 8-19-2019)

An amended site plan involving major changes shall be applied for and administered in a manner similar to that required for a new site plan.

(a)

Unless otherwise specified by the zoning administrator, the site plan approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section.

(b)

An application for a time extension shall be submitted before the site plan approval becomes null and void pursuant to clause (a) above and shall state facts showing why the recipient of the approval cannot commence construction within one year. All such requests shall be considered by the city council and shall only be granted upon a finding by the city council of exceptional circumstances that could not reasonably have been anticipated at the time the variance was issued.

(Ord. No. 507, § 4, 12-2-2013)

Following the approval of the site plan required by this Appendix E and before issuance of a building permit, the applicant, as determined to be necessary by the zoning administrator, shall guarantee to the city the completion of all exterior improvements as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as provided below:

(1)

The applicant shall execute the site improvement performance agreement on forms provided by the city. The agreement shall be approved as to form and content by the city attorney and shall define the required work and reflect the terms of this article as to the required guarantee for the performance of the work by the applicant.

(2)

The required work includes, but is not limited to, exterior improvements such as landscaping, private driveways, parking areas, recreational field structures or buildings, drainage systems, water quality ponds, wetland mitigation, wetland buffers, erosion control, curbing, fences and screening, and other similar facilities. The required work shall also include all aspects of a tree preservation plan and reforestation plan, if applicable.

(3)

A financial guarantee shall be submitted with the executed site performance agreement as provided herein:

a.

Financial guarantees acceptable to the city include cash escrow; an irrevocable letter of credit; or other financial instruments which provide equivalent assurance to the city and which are approved by the zoning administrator.

b.

The term of the financial guarantee shall be for the life of the site improvement performance agreement, and it shall be the responsibility of the applicant to insure that a submitted financial guarantee shall continue in full force and effect until the zoning administrator shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this article.

c.

When any instrument submitted as a financial guarantee contains provision for an automatic expiration date, after which the instrument may not be drawn upon, not withstanding the status of the site performance agreement or of the required work, the expiration date shall be October 31; further, it shall be the responsibility of the applicant to notify the city in writing, by certified mail, at least 60 days in advance of the expiration date of the intention to renew the instrument or to not renew the instrument. If the instrument is to be renewed, a written notice of extension shall be provided 30 days prior to the expiration date; if the instrument is not to be renewed, and has not been released by the zoning administrator, another acceptable financial guarantee in the appropriate amount shall be submitted at least 30 days prior to the expiration. The term of any extension shall be approved by the zoning administrator. Upon receipt of an acceptable substitute financial guarantee, the zoning administrator may release the original guarantee.

d.

The amount of the financial guarantee shall be established by the zoning administrator based upon an itemized estimate of the cost of all required work as provided by the applicant. A cash escrow or Irrevocable Letter of Credit shall be in the amount of 125 percent of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the zoning administrator.

e.

At the option of the city, the applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements which comprise the work. All trees shall be warranted to be alive, of good quality, and disease-free for 12 months from the time of planting. Any subsequent replacement shall be warranted for 12 months from the time of planting.

(4)

The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide for forfeiture to the city to cure a default or reimburse the city the cost of enforcement measures. As various portions of such required work are completed by the applicant, are in compliance with city requirements, and are approved by the city, the zoning administrator may release such portion of the financial guarantee as is attributable to such completed work. Landscaping improvements shall not be deemed complete until the city has verified survivability of all required plantings through one winter season which is defined for the purpose of this section as the period October 31 through April 30.

(5)

The applicant shall notify the zoning administrator in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. upon receipt of such notice, the zoning administrator shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the standards for the particular industry, profession, or material used in the performance of the work. Any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of all landscape improvements, a notice of the date of actual completion shall be given to the applicant and appropriate action, to release or to reduce the amount of the financial guarantee shall be taken by the zoning administrator.

The review and approval of site improvements pursuant to the requirements of city-adopted building and fire codes shall be in addition to the site plan review process established under this section. The site plan approval process does not imply compliance with the requirements of these building and fire codes.

All site and construction plans officially submitted to the city shall be treated as a formal agreement between the applicant and the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the zoning administrator for review and approval.