The purpose of this chapter 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 title. (Ord. 674, sec. 1, 7-17-2000)

Except in those cases specifically cited within this title, the following shall be excepted from the foregoing requirements of this chapter:

   A.   Agricultural uses and developments.

   B.   Single-family detached dwellings.

   C.   Two-family attached dwellings. (Ord. 674, sec. 1, 7-17-2000)

   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 (2') 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 two hundred feet (200').

      2.   Natural features.

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

      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 within the special environmental protection districts as established by chapter 45 of this title.

      10.   Other items as may be deemed necessary by the zoning administrator.

   B.   Any opinions or comments provided to the applicant by the zoning administrator in relation to the sketch plan shall be considered advisory only and shall not constitute a binding decision on the request. (Ord. 867, sec. 14, 5-17-2010)

Pursuant to Minnesota statutes 15.99, an application for site plan approval shall be approved or denied within sixty (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: (Ord. 674, sec. 1, 7-17-2000)

   A.   Filing Of Request: Request for site plan approval, as provided within this title, shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee as established by ordinance in accordance with Section 11-1-19 of this title. 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 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 or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days of the date of submission.

   B.   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.

   C.   Technical Reports: 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.

   D.   Additional Information: 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 title. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

   E.   Meeting With Zoning Administrator And/Or Staff: 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.

   F.   Decision: The zoning administrator shall reach a decision on the request within sixty (60) days after the meeting at which the matter was officially submitted. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. passed 8-4-2025)

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. (Ord. 674, sec. 1, 7-17-2000)

The zoning administrator shall evaluate the proposed site plan based upon compliance with the city comprehensive plan, provisions of this title, and other applicable chapters of this code. (Ord. 674, sec. 1, 7-17-2000)

The information required for all site plan applications generally consists of the following items, and shall be submitted unless waived by the zoning administrator.

   A.   Site boundaries, buildings, structures and other improvements shall be identified on site with a current certificate of survey, prepared and signed by a Minnesota licensed land surveyor, depicting the following:

      1.   Scale of plan (engineering scale only), at one inch equals fifty feet (1" = 50') or less.

      2.   North point indication.

      3.   Existing boundaries with lot dimension and area.

      4.   Existing site improvements.

      5.   All encroachments.

      6.   Easements of record.

      7.   Legal description of the property.

      8.   Ponds, lakes, springs, rivers or other waterways bordering on or running through the subject property.

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

      1.   Name and address of developer/owner.

      2.   Name and address of architect/designer.

      3.   Date of plan preparation.

      4.   Dates and description of all revisions.

      5.   Name of project or development.

      6.   All proposed improvements, including:

         a.   Required and proposed setbacks.

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

         c.   Location of all adjacent buildings located within one hundred feet (100') of the exterior boundaries of the property in question.

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

         e.   Location, number, and dimensions of proposed loading spaces.

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

         g.   Vehicular circulation.

         h.   Sidewalks, walkways, trails.

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

         j.   Location of recreation and service areas.

         k.   Location of rooftop equipment and proposed screening.

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

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

   C.   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:

      1.   Existing contours at two foot (2') intervals (may be prepared by a Minnesota licensed surveyor).

      2.   Proposed grade elevations at two foot (2') maximum intervals.

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

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

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

      6.   Proposed driveway grades.

      7.   Surface water ponding and treatment areas.

      8.   Erosion control measures.

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

      1.   Planting schedule (table) containing:

         a.   Symbols.

         b.   Quantities.

         c.   Common names.

         d.   Botanical names.

         e.   Sizes of plant material.

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

         g.   Special planting instructions.

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

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

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

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

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

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

      8.   Coverage plan for underground irrigation system, if any.

      9.   Where landscape or manmade 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.

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

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

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

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

      3.   Fire protection plan.

      4.   Extent of and any proposed modifications to land within the environmental protection districts, as established by chapter 45 of this title.

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

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

      7.   Sound source control plan.

      8.   Lighting plan. (Ord. 674, sec. 1, 7-17-2000)

An amended site plan involving major changes as determined by the zoning administrator shall be applied for and administered as required for a new site plan. (Ord. 867, sec. 16, 5-17-2010)

   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.   In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the zoning administrator shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

   C.   The request for an extension of site plan approval shall be determined by the zoning administrator within fifteen (15) days from the receipt of a complete request. (Ord. 674, sec. 1, 7-17-2000)

Following the approval of the site plan required by this title 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 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:

   A.   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 chapter as to the required guarantee for the performance of the work by the applicant. (Ord. 674, sec. 1, 7-17-2000)

   B.   The required work includes, but is not limited to, private exterior amenities such as landscaping, private driveways, parking areas, recreational fields, structures or buildings, drainage systems, stormwater basins, 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. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 866, sec. 10, 5-17-2010)

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

      1.   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.

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

      3.   When any instrument submitted as a financial guarantee contains a 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 sixty (60) days in advance of the expiration date of the intention to renew the instrument or to not renew the instrument. If the instrument is to be renewed, a written notice of extension shall be provided thirty (30) days prior to the expiration date; if the instrument is not to be renewed, and has not been released by the zoning administrator, another acceptable financial guarantee in the appropriate amount shall be submitted at least thirty (30) days prior to the expiration. The term of any extension shall be approved by the zoning administrator. Upon receipt of an acceptable substitute financial guarantee, the zoning administrator may release the original guarantee.

      4.   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 one hundred twenty five percent (125%) of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the zoning administrator.

      5.   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 twelve (12) months from the time of planting. Any subsequent replacement shall be warranted for twelve (12) months from the time of planting.

   D.   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.

   E.   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. (Ord. 674, sec. 1, 7-17-2000)

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 chapter. The site plan approval process does not imply compliance with the requirements of these building and fire codes. (Ord. 674, sec. 1, 7-17-2000)

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. (Ord. 674, sec. 1, 7-17-2000)

The zoning administrator shall have the authority to refer a sketch plan or site plan to the planning commission and/or city council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the zoning administrator, planning commission, and/or city council shall be considered advisory only and shall not constitute a binding decision on the request. (Ord. 867, sec. 17, 5-17-2010)