Minnetrista City Zoning Code

SECTION 500

SUBDIVISION REGULATIONS

500.01. - Subdivision regulations.

Subd. 1.

Authority. Pursuant to the powers and jurisdictions vested through Minn. Stats. chs. 412 and 462, and other applicable laws, statutes, ordinances and regulations of the state, the city does hereby exercise the power and authority to review, approve, and disapprove subdivisions of land within the corporate limits of the city. By the same authority, the city does exercise the power and authority to pass and approve the development of subdivisions of land already recorded in the county recorder's office if such subdivisions are entirely or partially undeveloped.

Subd. 2.

Policy.

(a)

It is the policy of the city to consider the subdivision of land and the subsequent development of subdivided land as subject to the control of the city pursuant to the official comprehensive municipal plan of the city and this section for the orderly, planned, efficient, and economical development of the city.

(b)

Land to be subdivided will be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace. Land will not be subdivided until available public and private facilities and improvements exist and proper provision has been made for drainage, water, sewerage, and capital improvements such as schools, parks, recreation facilities, transportation facilities and other public improvements.

(c)

The existing and proposed public and private improvements will conform to and be properly related to the proposals shown in the comprehensive municipal plan of the city and it is intended that this section will supplement and facilitate the enforcement of the provisions and standards contained in the building codes, zoning codes, on-site sewage treatment codes and comprehensive municipal plan of the city.

Subd. 3.

Purpose. This section is adopted for the following purposes:

(a)

To protect and provide for the public health, safety, and general welfare of the city and to prevent harm to the public health, safety and general welfare;

(b)

To guide the future growth and development of the city in accordance with the comprehensive municipal plan;

(c)

To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population;

(d)

To protect the character and the social and economic stability of all parts of the city and to encourage the orderly and beneficial development of all parts of the city;

(e)

To protect and conserve the value of land throughout the city and the value of structures and other improvements upon the land, and to minimize the conflicts among the uses of land;

(f)

To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation and other public requirements and facilities;

(g)

To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines;

(h)

To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monumenting of subdivided land;

(i)

To ensure that public and private facilities are available and will have a sufficient capacity to serve the proposed subdivision;

(j)

To prevent the pollution of air, streams, ponds, wetlands, Lake Minnetonka and other bodies of water; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the city to prevent their misuse, abuse and overuse and in order to preserve the integrity, stability, and beauty of the community and the value of the land.

Subd. 4.

Scope. This section applies to all subdivisions of land located within the corporate limits of the city.

Subd. 5.

Building permits. No certificate of occupancy or building permit will be issued for the construction of a structure on lots or tracts pertaining to the subdivisions that violate provisions of this section.

500.03. - Definitions.

The following words, terms and phrases, when used in this section, will have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alley means a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those lots whose principal frontage is on some other street.

Applicant means any subdivider or subdivider's agent.

Backflow preventer means any mechanical or air gap system designed and installed in order to prevent the accidental backflow of water from one source to another.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, rights-of-way, exterior boundaries of the subdivision, shorelines of waterways, outlots or boundary lines of municipalities.

Bond means any form of security including a cash deposit, surety bond, warranty bond, penalty bond, collateral, property, or instrument of credit.

Building means any structure or any part thereof built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.

Building site line means a line on the preliminary plat which delineates the dry buildable land of any lot upon which a structure may be constructed, which land meets all of the setback requirements of the zoning regulations adopted by the city.

City water supply system means all public water supply wells, water towers, reservoirs, treatment plants, water mains, and service lines that the city owns, operates or maintains and all private water lines connected to any of the above.

Comprehensive municipal plan means a compilation of policy statements, goals, standards, and maps and recommendations for their execution, prepared and adopted by the city for guiding the physical, social and economic development, both private and public, of the city and its environs and to protect the public health, safety and welfare, and may include, but is not limited to, the following:

(a)

Statements of policies, goals and standards;

(b)

"Land use plan" which means a compilation of policy statements, goals, standards, and maps and action programs for guiding the future development of private and public property. The term includes a plan designating types of uses for the entire city as well as a specialized plan showing specific areas or specific types of land uses, such as residential, commercial, industrial, public or semipublic uses or any compilation of such uses;

(c)

"Transportation plan" which means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the various modes of transportation of the city and its environs such as streets and highways, public transit, railroads, air transportation, trucking and water transportation, and includes a major thoroughfare plan;

(d)

"Community facilities plan" which means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the public or semipublic facilities of the city such as recreational, educational and cultural facilities;

(e)

"Capital improvement program" which means an itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, together with their estimated cost, the justification for each improvement, the impact that such improvements will have on the current operating expense of the city, and such other information on capital improvements as may be pertinent;

(f)

"Official map" which means a map adopted in accordance with Minn. Stats. § 462.359 showing existing streets, proposed future streets, the area needed for widening of existing streets and area for other necessary public land and facilities such as parks;

(g)

"Surface water management plan" which means a compilation of policy statements, goals, standards, maps and action programs for guiding the future hydrological and hydraulic development of the watersheds and subwatersheds, water storage areas, drainageways, floodways and filtration systems of the city to control surfaced water runoff, flood hazards, flood damage and general water quality within the city and its environs including lakes, streams, wetlands, marshes, natural watercourses and storm sewer systems or facilities;

(h)

"Comprehensive sewer plan" which means a compilation of policy statements, goals, standards, maps and action programs for the preservation and best use of waters and other natural resources of the city, for the prevention, control and abatement of water pollution in the city, and for the efficient and economic collection, treatment and disposal of sewage in the city.

Construction plan means the maps or drawings, accompanying a subdivision, showing the specific location and design of required public or private improvements to be installed in the subdivision in accordance with the requirements of the city or this section as a condition of the approval of the subdivision.

Cul-de-sac means a local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

Density means the number of building sites per acre.

Design standards means the specification to the subdivider for preparation of preliminary and final plats, including, but not limited to the optimum, minimum or maximum dimensions of such items as rights-of-way, blocks, easements and lots, public and private improvements.

Drainfield area, possible means land area occurring within the property lines of a parcel or lot not serviced by the public sanitary sewer system; such land area excludes: Flood plains as defined in section 510.05; all land below the ordinary high water level of "public waters" and "wetlands" as defined in Minn. Stats. § 103G.005; the "flood plain and wetlands conservation area" as defined in section 510.01; minimum setbacks required of on-site sewer treatment systems, as prescribed in section 505.49, subdivision 8. Land meeting the definition of possible drainfield area indicates a likelihood that an on-site sewer treatment system may function properly on the subject land, but it is not a guarantee. (See the following definitions: Ordinary high water level, slope)

Dry buildable land means the land area occurring within the property lines of a parcel or lot, excluding: Drainageways; flood plains as defined in section 510.05; all land below the ordinary high water level of "public waters" and "wetlands" as defined in Minn. Stats. § 103G.005; the "flood plain and wetlands conservation area" as defined in section 510.01; slopes 30 percent or greater; and required principal and accessory structure setbacks, whichever are applicable.

Any slope with at least a 50-foot horizontal run located in a shoreland district, as established in the zoning section 505.49, subdivision 6; that is greater than 12 percent but less than 30 percent is a conditionally buildable slope and may be considered dry buildable land only if the particular slope meets the criteria prescribed in section 505.07, subd 6.

Any slope with at least a 50-foot horizontal run not located within a shoreland district that is greater than 18 percent but less than 30 percent is a conditionally buildable slope and may be considered dry buildable land only if the particular slope meets the criteria prescribed in section 505.07, subdivision 6.

(See the following definitions: Ordinary high water level, slope, conditionally buildable slope.)

Easement means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of owner's property.

Escrow means a deposit of cash with the city.

Flexible zoning includes, but is not limited to, all special or conditional use permits, variances, planned unit development and rezoning.

Grade means the slope of a road, street, or other public way, site or topography specified in percentage terms.

Health and environmental sanitation officer means the agency and/or person designated by the city to administer the health and environmental sanitation regulations of the city.

Improvements means any building, structure, drainage ditch, dam, roadway, parkway, sidewalk, pedestrian way, trees, shrubs, lawn, off-street parking area, sewer and water utilities, or other facility.

Improvements, lot means any improvement on the lot.

Improvements, private means any improvement, required by this section, which improvement the city or subdivider will construct at subdivider's expense and for which the city will not assume any responsibility for its maintenance and operation and which will not be dedicated to the city.

Improvements, public means any improvement, required by this section, which improvement the city or subdivider will construct at subdivider's expense and for which the city will ultimately assume the responsibility for its maintenance and operation upon issuance of the certificate of satisfactory completion.

Irrigation well means any well that is installed to provide water to supplement the water level of a stormwater pond which is utilized for a lawn and landscape irrigation system.

Lawn and landscape irrigation system means all pumps, lines, and sprinkle heads which are located on private property or within the adjacent public right-of-way that have the sole purpose of irrigating landscape plants and/or grass.

Lot means a tract, plot or portion of a subdivision or other parcel or land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development. Every platted lot will be a buildable lot or an outlot.

Lot area, minimum means the minimum area requirement for each proposed lot as prescribed in the zoning regulations adopted by the city.

Each proposed lot to be serviced by the public sanitary sewer system must have a contiguous area of dry buildable land equal to at least 30 percent of the minimum required lot area for that use district.

Each proposed lot to be serviced by an on-site sewer treatment system rather than the public sanitary sewer system must have the following:

(a)

A contiguous area of dry buildable land equal to 10,000 square feet for a principal structure; such 10,000 square feet must include an area measuring at least 60 feet by 125 feet;

(b)

A contiguous area of dry buildable land equal to 2,000 square feet for an accessory structure; such 2,000 square feet need not be immediately adjacent to the principal structure building site but must be accessible over the subject lot;

(c)

14,000 square feet of contiguous possible drainfield area; such 14,000 square feet will be located such that it will reasonably service the principal structure for which the drainfield is intended; such 14,000 square feet of possible drainfield area may be situated so as to have two separated sites of at least 7,000 square feet of contiguous area each.

Any area of the proposed lot that meets the definitions of both dry buildable land and possible drainfield area may be used to meet the minimum requirements of either, but may not be used to satisfy the minimum requirements of both.

Public and private rights-of-way, or vehicular or pedestrian easements may not be used in order to meet any portion of the minimum lot area requirements. This right-of-way and easement provision will not apply to subdivisions in the AP-agriculture preservation and A-agriculture zoning districts.

Lot, buildable means a lot or combination of lots or outlots which meet all of the requirements of the zoning regulations of the city and this section for the intended purpose.

Lot, corner means a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.

Lot, outlot means a lot which is intended only for public or private roadways, open space or other use, which use must be restricted by the appropriate easement and which use must be approved by the city at the time of final plat approval. The use of the outlot will thereafter be restricted by the appropriate restrictive covenant or open space easement.

Lot, width means the shortest dimension between opposite lot lines measured at all of those points as required by the zoning regulations adopted by the city and this section.

Natural feature means any naturally occurring physical phenomenon including lakes, streams, flowage areas, marshland, wetlands, flood plains, slopes, unusual soil pockets, and rock outcroppings.

Neighborhood park and recreation improvement fund means a special fund established by the city to retain monies contributed by subdivider in accordance with the "money in lieu of land" provisions of this section.

Nonresidential subdivision means a subdivision for which the intended use is other than residential, such as commercial or industrial.

Off-site premises means any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the subdivider.

Ordinance means any legislative action, however denominated, of the city, which has the force of law, including any amendment or repeal of any ordinance.

Ordinary high water level means the boundary of "public waters" and "wetlands", as defined by Minn. Stats. § 103G.005, and will be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. Any references in this section to ordinary high water mark will be construed to have the same meaning as ordinary high water level.

Ordinary high water mark. See ordinary high water level.

Owner means any person having legal title to or sufficient proprietary interest in the land sought to be subdivided under this section.

Plat means the map or plan of a subdivision showing the property boundaries, layout, dimensions and legal descriptions of all lots, blocks, and rights-of-way.

Plat, final means the plat of the subdivision which includes all information required by Minnesota Statutes and this section, which plat will be recorded with the office of the county recorder.

Planning department means the city planner and zoning administrator.

Plat, preliminary means the proposed plat showing all information required by this section.

Platting authority means the city council pursuant to Minn. Stats. § 462.358.

Property line means the boundary lines enclosing a lot, parcel or tract of land. Regardless of the legal description, the property line to be used for purposes of compliance with the city zoning regulations and this section will be the ordinary high-water mark of any lakeshore, the edge of the right-of-way or the edge of any public or private roadway.

Public hearing means a hearing to be held by the platting authority to allow for public review and input relating to the proposed subdivision.

Public information hearing means discretionary hearing to be held by the planning commission to allow for public review and input relating to the proposed subdivision. This meeting will not constitute the "public hearing" by the platting authority pursuant to Minn. Stats. § 462.358.

Public water supply well means a water supply well owned, managed, or operated by the city.

Registered engineer means an engineer properly licensed and registered in the state.

Registered land surveyor means a land surveyor properly licensed and registered in the state.

Resubdivision means a change in a recorded final plat if such change affects any street layout on such plat, or any lot line.

Right-of-way means a strip of land occupied or intended to be occupied by an alley, street, crosswalk, railroad, public or private roadway or easement, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use.

Roadway means any street, highway, road, lane, way, trail, or any other area used for vehicular traffic.

Roadway right-of-way width means the distance between property lines measured at right angles to the centerline of the roadway.

Sale or lease means any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, device, intestate succession, of an interest in a tract of land or part thereof, whether by metes and bounds, deed, contract, plat, map, judicial decree or other written instrument. Lease of land for agricultural purposes, which land does not include the use of or future construction of a building is excluded.

Same ownership means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockholder, partner, or associate, or a member of the family owns an interest in each corporation, firm, partnership, entity or unincorporated association.

Screening means a manmade or natural visual barrier of a type that will form a year-round dense screen.

Setback means the shortest distance between a structure and a natural feature, property line or right-of-way line nearest thereto.

Sewer treatment system, on-site means a device of series of interconnected components designed, installed and maintained for the purpose of safely treating and disposing of sewage and domestic waste, whenever such system is not part of a municipal sewer system.

(a)

Individual system means a system serving an individual building, typically a single-family residence.

(b)

Collective system means a system serving two or more buildings, typically including individual septic tanks connected to a common soil treatment and absorption area.

(c)

Commercial system means a system serving any nonresidential building.

Shade tree means a tree of approved species and size.

Shoreline means a line denoting the ordinary high water elevation of any lake, stream or other body of water, which ordinary high water elevation will be as established by the appropriate watershed district, department of natural resources or any other agency, whichever elevation is the highest.

Slope means the amount a land surface rises or falls from a horizontal plane. This slope amount (S) is expressed in a percentage, which is arrived at by dividing the distance of the vertical rise or fall from the horizontal plane (a), by the distance of the horizontal plane being measured (b), and multiplying the result by 100. Hence, S% = (a/b)(100).

Slope, conditionally buildable means lands within a shoreland district having an average slope of 12 percent or greater, but less than 30 percent, as measured over horizontal distances of 50 feet or more. Lands not located within a shoreland district will be defined as a conditionally buildable slope if they have an average slope of 18 percent or greater, but less than 30 percent, as measured over horizontal distances of 50 feet or more. Such slopes may be considered dry buildable land only if they meet the criteria prescribed in section 505.07, subdivision 6.

Stormwater pond means any basin that is designed and constructed to treat stormwater runoff from a particular area.

Structure means anything or part thereof which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built or composed of parts joined together in some definite manner, which requires a location on, below or above the ground.

Subdivider means any person who:

(a)

Has an interest in land, who causes it, directly or indirectly to be divided into a subdivision;

(b)

Directly or indirectly, sells, leases, or develops or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel, site, unit or plot in a subdivision;

(c)

Engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease or development a subdivision or any interest, lot, parcel, site, unit or plot in a subdivision; or

(d)

Is directly or indirectly controlled by or under direct, or indirect common control with any of the foregoing.

Subdivider's agent means any person who represents, or acts for or on behalf of, a subdivider in selling, leasing or developing, or offering to sell, lease, or develop any interest, lot, parcel, unit, site or plot in a subdivision.

Subdivision means any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. "Subdivision" includes the division or development of residential and nonresidential zoned land, whether by deed, contract for deed, purchase agreement, metes and bounds description, registered land survey, replatting, easements for private or public purposes, lot rearrangements, division of any land previously combined for tax purposes, devise, intestacy, lease, map, plat, judicial decree, or other recorded or nonrecorded instrument.

Temporary improvement means improvements built and maintained by a subdivider during construction of the subdivision.

Topsoil means surface soils containing higher concentrations of organic matter where particles do not exceed one inch in diameter, free of heavy clay and stones and only subjected to limited compaction necessary to place the material.

Tract or subject tract means the parcel or parcels of land comprising all the contiguous land owned or controlled by the subdivider and included in whole or part in the subdivision.

Variance means a deviation or variation from the standards of this chapter.

Water supply well means a well that is not a dewatering well or monitoring well and includes wells used for:

(a)

Potable water supply;

(b)

Irrigation;

(c)

Agriculture, commercial or industrial water supply;

(d)

Heating or cooling;

(e)

Testing water yield for irrigation, commercial or industrial uses, residential supply or public water supply; or

(f)

As a remedial well.

Water system (individual) means a water system which may include supply, treatment and distribution which serves only one lot (e.g., private well).

Water system (private community) means a water system which may include supply, treatment and distribution facilities, established by a subdivider to serve two or more lots, which system is independent from the public water system.

Water system (public) means a water system which may include supply, treatment and distribution facilities owned and maintained by the city.

Zoning administrator means the officer as appointed by the city to administer and enforce this section and to assist administratively the city council and planning commission.

500.05. - Interpretation.

Subd. 1.

Minimum standards. In their interpretation and application, the provisions of this section will be held to be the minimum requirements for the promotion of the public health, safety and general welfare and prevention of harm to the public health, safety and general welfare.

Subd. 2.

Conflict with public provisions. This section is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of this section imposes restrictions different from those imposed by any other provision of this section or any other ordinance, rule or regulation, statute or other provision of law, whichever provisions are more restrictive or impose higher standards will control.

Subd. 3.

Conflict with private provisions. This section is not intended to abrogate any easement, covenant or any other private agreement or restrictions, provided that where the provisions of this section are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of this section will govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of this section, or the determinations of the city in approving a subdivision or in enforcing this section, and such private provisions are not inconsistent with this section or determinations thereunder, then such private provisions will be operative and supplemental to this section and determinations made thereunder. The city will not enforce private provisions.

Subd. 4.

Saving provision. This section will not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the city under any section or provision existing at the time of adoption of this section, or as vacating or annulling any rights obtained by any person by lawful action of the city except as will be expressly provided for in this section.

Subd. 5.

Amendments of other codes and regulations. Whenever the provisions of this section refer to the comprehensive municipal plan, zoning code or other ordinances, codes, regulations or laws, it will be deemed to refer to those plans, codes, ordinances and regulations as amended as of that point in time. In the event of an amendment during the application for a subdivision, then that subdivision relies on the ordinances in effect at the time of application.

Subd. 6.

Interpretation of certain words. In this section, the word "used" or "occupied" as applied to any land or building will be construed to include the words "intended, arranged, or designed to be used or occupied."

500.07. - Initial review of proposed subdivision.

Subd. 1.

Initial staff review. Any person proposing subdivision of land within the city will meet with the planning department to review briefly the proposed subdivision, to obtain a copy of this section and receive advice concerning platting requirements, required submittals, fees and schedules. The planning department will classify the proposed subdivision.

Subd. 2.

Compliance with zoning regulations. Every plat will conform to existing zoning regulations and subdivision regulations applicable at the time of final plat approval. Variances will not be approved to increase the overall subdivision density above the minimum lot area requirements of the applicable zoning district and this section.

500.09. - Fees and expenses.

Subd. 1.

The subdivider will pay all city fees required by resolution and will further reimburse the city for all the reasonable expenses it incurs in regard to the review and approval of the subdivision and improvements including, but not limited to, direct city payroll and overhead, costs, fees paid to consultants and other professionals, and the costs of printing, mailing and supplies. The city administrator will determine the estimated escrow amounts to cover these estimated expenses.

Subd. 2.

An escrow deposit will be made at the time of application for final subdivision approval. Within 60 days after the city engineer has executed the certificate of satisfactory completion, the city will remit to subdivider any amounts remaining after the city has charged against the escrow account all expenses incurred by the city for the above services. In the event that the charges incurred by the city exceed the escrow amount, the subdivider will pay to the city the excess within 30 days after receipt of a statement therefore.

500.11. - Compliance.

Subd. 1.

No land which first requires an approved subdivision may be sold and no land will be subdivided within the corporate limits of the city until the subdivider has obtained approval of the subdivision and the approved final plat is filed with the county recorder's office.

Subd. 2.

No building permit or certificate of occupancy will be issued for any parcel or lot of land which was created by subdivision and not in conformity with the provisions of this section and no excavation of land or construction of any public or private improvements will take place or be commenced except in conformity with this section.

Subd. 3.

No subdivision will be entitled to be recorded in the county recorder's office or have any validity until the subdivision has been prepared, approved, and acknowledged in the manner prescribed by this section. The office of the county recorder will not file or accept for filing any subdivision of land unless it is accompanied by a certified copy of the resolution of the city approving the subdivision.

Subd. 4.

Regulation of the subdivision of land and the attachment of reasonable conditions to the subdivision of land is an exercise of valid police power delegated by the state to this city. The subdivider has the duty of compliance with reasonable conditions laid down by the city for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economical development of the city and the city's comprehensive municipal plan and to the safety and general welfare of the future lot owners in the subdivision and of the community at large.

500.13. - Violations and penalties.

Subd. 1.

No subdivider or subdivider's agent, of any lot or parcel of land located in a proposed subdivision will transfer or sell any such parcel or lot before the subdivision has been approved by the city, in accordance with the provisions of this section, and filed with the county recorder's office.

Subd. 2.

The subdivision of any lot or any parcel of land for the purpose of sale, transfer or lease by use of metes and bounds description, deed, contract for deed, purchase agreement, registered land survey or easement, will not be permitted except after full compliance with this section.

Subd. 3.

Notwithstanding any language herein to the contrary, a subdivider may execute a purchase agreement which provides for the sale of a proposed lot or parcel, which lot or parcel will not legally exist until after full compliance with this section, as long as the purchase agreement provides that in the event the city does not approve the subdivision, all earnest money paid will be refunded to the purchaser.

Subd. 4.

Any subdivider or subdivider's agent who sells or transfers a lot in violation of this section will be guilty of a misdemeanor.

Subd. 5.

Any subdivider or subdivider's agent who fails to comply with, or violates any of the provisions of this section will be guilty of a misdemeanor. The city may withhold, revoke or deny any permits, approvals or any action required or if there is a violation of this section. Each week during which violation exists will constitute a separate violation. The city may apply to the district court for injunctive relief for violation of this section.

Subd. 6.

Any subdivider or subdivider's agent who conveys a lot or parcel in violation of this section will forfeit and pay to the city a penalty of not less than $100.00 for each lot or parcel so conveyed. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this section, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, structure or premises, and these remedies will be in addition to the penalties described above.

500.15. - Enforcement.

It will be the duty of the planning department to enforce this section and to bring to the attention of the city prosecuting attorney any violations or lack of compliance herewith.

500.17. - Subdivision classifications and procedures.

Subd. 1.

Simple subdivision.

(a)

A simple subdivision is the transfer of property for the purpose of combining with an adjoining property and which does not result in a new buildable lot. Such transfer must occur between two parcels which meet all zoning requirements, both before and after the subdivision, without need for approval of a variance.

(b)

Application form. The following items shall be submitted in order for an application to be considered complete:

(1)

A completed land use application form and payment of associated fee;

(2)

Current title evidence satisfactory to the city shall be provided by the applicant.

(3)

A survey by a registered land surveyor of the lots or tracts to be subdivided. The survey will, at the discretion of the planning department, show the location of all proposed lot lines, existing lot lines, existing and proposed structures that affect the subdivision, road rights-of-way and any additional information as found necessary.

(4)

Certification that there are no delinquent property taxes, special assessments, penalties, interest due on the parcel and municipal utility fees due on the parcel.

(5)

Additionally, simple subdivisions requiring a variance are required to submit a written response to the variance review criteria.

(6)

Legal descriptions of the proposed new lot lines, and a copy of the quit claim deed, if applicable;

(c)

Council action. Following the review of a simple subdivision application by the planning department of the lot, or lots to be subdivided, the planning department will cause the application to be placed upon the agenda of the city council for the next regular meeting following such review. The planning department will transmit to the city council the application and all materials related thereto, with a staff recommendation concerning the application. Action on this application will be taken within the timelines set forth by Minn. Stats. § 462.358.

Subd. 2.

Expedited subdivisions.

(a)

A subdivision or lot combination which divides or combines an area or tract of land into one or two parcels when such area or tract of land exists as a unit or contiguous units of land under single ownership and meets the following criteria:

(1)

The subdivision results in no more than two buildable lots;

(2)

The subdivision results in buildable lots where each resulting lot meets applicable zone classification lot size and each lot has at least the minimum zone classification frontage on an improved public road;

(3)

The subdivision may be a division of property previously combined for tax purposes;

(4)

The subdivision does not involve the vacation or dedication of any public roadways;

(5)

The subdivision does not involve the extension of municipal utilities, and;

(6)

The subdivision does not involve any flexible zoning application.

(b)

The applicant shall submit the following information to be considered a complete application for expedited subdivision review:

(1)

A complete land use application form and payment of associated fee;

(2)

Current title evidence satisfactory to the city shall be provided by the applicant.

(3)

A survey by a registered land surveyor of the lots or tracts to be subdivided or combined. The survey will, at the discretion of the planning department, show the location of all proposed lot lines, existing lot lines, existing and proposed structures that affect the subdivision, road rights-of-way and any additional information as found necessary;

(4)

Certification that there are no delinquent property taxes, special assessments, penalties, interest due on the parcel and municipal utility fees due on the parcel;

(5)

In areas served by public sewer and/or water, plans showing the existing service ties and the proposed connection sizes and locations. Copies will be provided if the plan size exceeds eight and one-half inches by 14 inches;

(6)

A proposed utility plan, if applicable;

(7)

A soil survey and report by the Hennepin Soil and Water Conservation District (if requested by the city);

(8)

A soil erosion and sedimentation control plan, if applicable;

(9)

A vegetation preservation and protection plan, if applicable;

(10)

Where the subdivider is the owner or intends to attempt to acquire the property adjacent to that property which is being proposed for the subdivision, the planning department may require that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and any future subdivision. In any event, all subdivisions will be shown to relate well with existing or potential adjacent subdivisions;

(11)

Any additional information requested by the planning commission, planning department or city council.

(c)

After reviewing and discussing the application, the planning department will prepare a report for planning commission, parks commission, and city council. The city council shall approve or deny the expedited subdivision, based on compliance with the provisions of this chapter. The city shall take action on this application within the time frame specified in Minn. Stats. § 462.358.

Subd. 3.

Class I and class II subdivisions.

(a)

A class I subdivision is a subdivision which results in no more than three buildable lots where each resulting lot meets or exceeds ten acres (435,600 square feet) of land, and each lot has at least 300 feet of frontage on a public road which has been accepted and opened by the city and/or no flexible zoning application or extension of municipal utilities is involved.

(b)

A class II subdivision is a subdivision which results in no more than three buildable lots, which do not meet the acreages criteria of a Class I subdivision; and the subdivision does not involve the vacation or dedication of any public roadways, the extension of any municipal utilities, or any flexible zoning application.

(c)

Procedure for class I and class II subdivisions.

(1)

The planning department and parks commission shall review all preliminary plat applications for class I and II subdivisions and make a recommendation for approval or denial to the city council.

(2)

The planning commission shall conduct a public hearing, in accordance with state statute, review the proposed plat, and formulate a recommendation for approval or denial to the city council.

(3)

The city council shall review all preliminary plat applications, and approve a resolution approving or denying the preliminary plat. Approval will allow the applicant to move forward to the final plat.

(4)

The city council shall review the final plat to ensure compliance with the approved preliminary plat.

(d)

Submittal requirements for preliminary plat. All class I and class II subdivisions shall be completed by submittal of a plat. The following information is required for a preliminary plat application for a class I or class II subdivision to be considered complete:

(1)

A completed and signed land use application form and payment of applicable fee;

(2)

Copies of the preliminary plat as required by the planning department that includes the proposed lot lines, lot sizes, impervious surface percentages, and adequate building envelopes, as specifically outlined in subdivision 4(d);

(3)

Certificate of survey of the property;

(4)

In areas not served by public sewer, an on-site sewage treatment site evaluation report for each lot indicating a primary and secondary septic system site, and a copy of the current compliance inspection report for each existing on-site system;

(5)

Submittal of title evidence satisfactory to the city;

(6)

Any additional information requested by the planning commission, planning department or city council.

(e)

Submittal requirements for final plat. The following information is required for a final plat application for a class I or II subdivision to be considered complete:

(1)

A completed and signed land use application form with the associated fee;

(2)

One original and two copies signed by the grantor(s), of any required drainage, utility, access, open space, conservation or other easement not specified on a plat in the standard form as provided by the city. Any other form or changes to the standard form must be approved by the city attorney prior to filing the final plat application;

(3)

One original and two copies, signed by the grantor(s), of any warranty deed dedicating required land to the city or other governmental jurisdiction;

(4)

Provide a listing of contact information including name(s), address(es) and phone number(s) of the owner of record, authorized agents or representatives, engineer, surveyor, and any other relevant associates;

(5)

List the following site data: Address, current zoning, parcel size in acres and square feet, property identification number(s) (PID), and current legal description(s);

(6)

Provide a final listing of general information including: The plat name; the number of lots being created; and final area calculations for gross land area, wetland areas, wetland buffers, right-of-way dedications, conservation areas, and proposed public and private parks;

(7)

Calculate the final density of the project;

(8)

Provide a final description of the parks and/or open space areas being dedicated or cash in-lieu amount;

(9)

Two sets of the final plat on mylar. Record plat drawings will be prepared by a registered land surveyor in accordance with applicable state statutes and county regulations and will be submitted in the form of at least two plastic film reproducible copies, and copies as required by planning department. A reduced size plastic film of the final plat, is also required. Original signatures and certifications will be provided on the mounted and reproducible copies for the owner, those possessing any other property interest, the professional engineer (if applicable) and the registered surveyor. Spaces for certification by the city will be provided as set forth in section 500.55, subdivision 6. Applicants may elect to submit these initially, or consent to working with the city attorney and submitting such after review (in case changes are necessary).

Subd. 4.

Class III subdivision.

(a)

A class III subdivision is any subdivision not classified as any other type of subdivision, which includes any subdivision that results in more than three buildable lots, or involves the vacation or dedication of any public roadway, the extension of any municipal utilities, or any flexible zoning application.

(b)

Procedure for a class III subdivision.

(1)

The sketch plan is an initial presentation of the applicant's intention and serves as the basis for conceptual discussion between the city and the applicant. The purpose of the review is to allow staff, the park and planning commissions, and the city council an opportunity to guide the applicant as to what is generally expected by the city, and to alert an applicant to potential problems with the proposal. This feedback can then be used by an applicant to make an informed decision on whether to proceed with a formal preliminary application. The sketch plan review does not require any formal approval or denial from the city council.

(2)

Preliminary plat staff review. All class III subdivisions must be completed by submittal of a plat. The planning department will coordinate the review of preliminary plat by all appropriate city staff persons and governmental agencies. Staff will notify by mail—at a minimum—property owners within 500 feet that a public hearing will be held regarding the proposed preliminary plat.

(3)

Referral to other agencies. The planning department will contact other government agencies or jurisdictions as appropriate to seek staff assistance, information, and comments.

(4)

Parks and recreation commission review. The park and recreation commission will study the proposed development and recommend action to the city council with regard to land dedication, trail easement dedication, cash in-lieu, park and trail development, and/or the provision of open space or greenway areas. The park and recreation commission is required to provide information to the applicant as to how the subdivision relates to the park, trail, and open space plan and provide a recommendation to the city council.

(5)

Planning commission review. At the advertised time and place, the planning commission will hold a public hearing which will constitute the platting authority public hearing as required by Minnesota Statutes. Notice of the hearing will consist of the time and place thereof, the address of the property and a brief description of the proposal including applicant's name, number of lots proposed, and the proposed use thereof, and will be published in the official newspaper at least ten days prior to the meeting. Written notification of said meeting must be mailed at least ten days prior to all owners of land set forth on the property owner's list within 500 feet of the boundary of the property in question. The recommendations of the city staff and governmental agencies will be clearly addressed to the planning commission. At the discretion of the planning commission, the public hearing may be closed or may be held open for additional information. The planning commission will recommend approval, conditionally approve or disapprove of the preliminary plat for city council consideration.

(6)

Preliminary plat city council review. The city council should approve, conditionally approve or disapprove the preliminary plat within the time deadlines established by Minnesota Statutes. Particular attention will be given to the record developed by the planning commission study of the proposal and to the recommendation of the park and recreation commission and city staff. The city council may accept an extension to the state mandated review deadline if offered by the applicant and desired by the council.

(7)

City council resolution. The action for approval or denial shall be in form of a resolution and sent to the applicant upon approval. The city council will consider if the preliminary plat is consistent with the following:

The plat is consistent with the comprehensive plan or other similar plan;

The plat does conform with existing zoning and subdivision regulations, and other applicable city code provisions or laws;

The plat does not create conflict with existing easements;

Adequate public infrastructure, including, but not limited to, roads, utilities, stormwater systems, emergency services, schools, exist to support the additional development potential created by the plat;

The additional development created by the plat does not increase traffic levels beyond the capacity of existing roads;

The lots to be platted are configured to accommodate the proposed development to ensure compliance with zoning regulations, including, but not limited to the residential building design standards under subsection 505.07, subdivision 12;

The plat is designed to mitigate potential negative impacts upon the environment, including, but not limited to, topography; steep slopes; trees; vegetation; naturally occurring lakes, ponds, rivers and streams; susceptibility of the site to erosion and sedimentation; drainage; susceptibility of the site to flooding; and stormwater storage needs; and

The plat is not detrimental to the health, safety, or general welfare of the public.

(8)

Grading prior to final plat approval. Subsequent to preliminary plat approval by the city council, the applicant may apply for an excavation permit from the city and upon receipt of such permit may commence construction to the grades and elevations required by the approved preliminary plat. The permit must be reviewed in accordance with the excavation/fill permit requirements, and may not be issued until the grading plans are approved by the city engineer and other appropriate agencies.

(9)

Failure to file a complete final plat application within 180 days of preliminary plat approval will be construed as formal withdrawal of the proposed subdivision, unless an extension is requested in written form prior to the deadline of the expiration of the preliminary plat. Renewal of any proposed subdivision after this deadline will require a new sketch plan application including application form, material submittals and fee payments.

(10)

Final plat staff review.

The planning department will review the final plat application for conformity with the zoning regulations of the city and this section and with the conditions and requirements of preliminary plat approval, and will certify the status of same to the city council. The final plat must be consistent with the preliminary plat approval.

The city attorney and city engineer will review the record plat drawing, easements, deeds, covenants, agreements and other documents for proper legal form, proper representation and complete execution by all required parties, all to uphold the interests of the city, and will certify the approval of the above to the city council.

(11)

City council review. The city council will approve or disapprove all final plat applications by resolution which will set forth in detail any conditions to which the approval is subject, or reasons for disapproval. No vested rights shall accrue to any plat by reason of preliminary or final plat approval, except as established by statute. All requirements, conditions, or regulations adopted by the city applicable to the subdivision or to all subdivisions generally shall be deemed a condition for any subdivision approval or issuance of building permits for lots in a previously approved subdivision.

(12)

Development agreement. In a development agreement, the city council will stipulate the period of time when the letter of credit shall be filed and the required improvements installed. In no event shall the period of time stipulated by the city council for completion of required improvements exceed two years from the date of the final resolution. The development agreement shall be signed and returned to the city, along with payments of all applicable development fees, submission of the letter of credit, and submission of any other legal documents or requirements as specified in the development agreement or final plat resolution. Upon receipt of these required submissions, the signed mylars and development agreement shall be released for recording. One copy of the final plat resolution shall be returned to the applicant.

(c)

Submittal requirements for sketch plan. The following information is required in order for a sketch plan application to be considered complete:

(1)

A completed and signed land use application and payment of the associated fee;

(2)

A location map;

(3)

A copy of a current title evidence to verify ownership;

(4)

A sketch plan that adequately describes the proposed subdivision in such a way as to show compliance with this section;

(5)

Original, certified boundary survey of the site;

(6)

List of contact information including name(s), address(es) and phone number(s) of: The owner of record, authorized agents or representatives, engineer, surveyor, and any other relevant associates;

(7)

List the following site data: Address, current zoning, parcel size in acres and square feet, property identification number(s) (PID), and current legal description(s);

(8)

Provide the number of proposed lots, the estimated density of the overall development, and any variances being requested;

(9)

Any additional information requested by the planning department or planning commission;

(d)

Submittal requirements for preliminary plat. The preliminary plat is the second stage of the subdivision review process. During this stage, the subdivider details the proposals and the city details the platting requirements. All basic platting determinations are made before the city council will pass on the preliminary plat. The applicant must be prepared to address or correct all problems, concerns, violations or pertinent comments included in the recommendations made as part of the sketch plan review. The following items must be submitted in order for a preliminary plat application to be considered complete:

(1)

A completed and signed land use application with the associated fee;

(2)

A written narrative providing information on the proposal. Separate answers shall be provided for each of the following:

Provide a listing of contact information including name(s), address(es) and phone number(s) of: The owner of record, authorized agents or representatives, engineer, surveyor, and any other relevant associates;

List the following site data: Address, current zoning, parcel size in acres and square feet, property identification number(s) (PID), and current legal description(s);

Provide a listing of general information including: The proposed name of the subdivision; the number of proposed lots; and area calculations for gross land area, wetland areas, wetland buffers, right-of-way dedications, conservation areas, and proposed public and private parks;

Calculate the proposed density of the project;

Provide an explanation of how issues have been addressed in light of the sketch plan review;

(3)

A preliminary plat. At a minimum, the preliminary plat illustrating the nature and type of proposed development must show:

Administrative information (including identification of the drawing as a "preliminary plat," the proposed name of the subdivision, contact information for the developer and individual preparing the plan, signature of the surveyor certifying the document, date of plan preparation or revision, and a graphic scale and true north arrow);

Area calculations for gross land area, wetland areas, wetland buffers, right-of-way dedications, conservation areas, and proposed public and private parks;

Indication of the existing zoning district(s);

Layout of proposed lots with future lot and block numbers. The perimeter boundary line of the subdivision should be distinguishable from the other property lines. Denote outlots planned for public dedication and/or open space (schools, parks, etc.);

Area calculations for each parcel;

Proposed setbacks on each lot (forming the building pad) and calculated buildable area;

Proposed hardcover allowance per lot;

Existing contours at intervals of two feet. Contours must extend a minimum of 200 feet beyond the plat boundary;

Delineation of wetlands and/or watercourses over the property and within 200 feet of the perimeter of the plat boundary;

Delineation of the ordinary high water levels of all water bodies;

Delineation of the shoreland district boundary (if applicable);

Location, width, and names of existing and proposed streets within and immediately adjacent to the plat boundary;

Easements and rights-of-way within or adjacent to the plat boundary;

Proposed sidewalks and trails;

Proposed parking areas;

Proposed parks, common areas, and preservation easements (indicate public vs. private if applicable).

Drainage and utility easements;

(4)

A preliminary grading, drainage, and erosion control plan. At a minimum the plan must show:

Proposed lot lines, rights-of-ways, wetlands, and watercourses;

Drainage and utility easements;

Grading plan in sufficient detail to show existing and/or proposed contours for the entire development using two-foot contour lines;

Indicate drainage patterns and locations of drainage facilities (show approximate area and volume);

Location of above ground obstructions to water flow;

Stormwater/drainage calculations providing the before and after runoff calculations and any proposed ponding areas;

Indicate the base flood elevation level and delineate the floodways and/or flood fringe areas;

Any emergency overflow devices and elevations;

Show any proposed modifications to wetlands and mitigation areas;

Sedimentation and erosion control plan.

The location and orientation of proposed buildings;

(5)

A preliminary utility plan. At a minimum the plan must show:

Location and dimension of all existing utilities within and immediately adjacent to the subdivision including sewer, water, gas, electric, phone, cable TV, utility poles, or other above or underground facilities;

Proposed utilities plan including sewer, water, gas, electric, phone, cable TV, utility poles, or other above or underground facilities;

Denote the existing service tie locations and the proposed connection sizes.

(6)

A preliminary street and stormwater plan. At a minimum the plan must show:

Center line profile of proposed streets. All lots shall abut on a public street. All streets, alleys, and private roadways must tie in effectively with the city's existing street system and incorporate any planned streets identified by the comprehensive plan. Outlots created for the preservation of natural areas (not intended for use) and outlots intended for private access only are exempt from this requirement;

Typical cross section of proposed street improvements;

Location and proposed number of on-street parking spaces;

Location and number of off-street parking spaces (guest, handicapped, bicycle, motorcycle, etc.) including typical dimensions of each;

Location of existing and proposed sidewalks and trails;

Location and dimensions of proposed stormwater systems, including invert elevations for all manholes, catch basins, outlets, etc.;

Storm sewer calculations and drainage area maps to verify the size of pipes and spacing of catch basins.

(7)

A preliminary soils, signage, and lighting plan. At a minimum the plan documents must show:

Location of soil testing sites corresponding to a soils report for streets, sidewalks, utility, and other public corridors;

Proposed location for sign posts and a notation of sign(s) to be placed on the post (addresses, traffic control, warning, etc.);

Table indicating the name of required signs (example: Games Drive, Turtle Road, Halsted Ave, stop signs, children at play signs, etc.) and the number of each sign needed for the development. Signs are required to be double sided (excluding traffic control signs designed to be seen from only one direction);

Proposed location for permanent entrance monument, temporary area identification signs, and applicable easements for such;

Location of temporary model homes, sales facilities, and/or construction facilities.

(8)

A preliminary tree preservation and planting plan. This plan must be submitted in the format required by city code.

(9)

Wetland delineation report (if applicable).

(10)

Proposed restrictive covenants.

(11)

Homeowners association land and facilities. In the event certain land areas or structures are provided within a subdivision for private recreational use or as service facilities, the owner of such land and buildings shall enter into an agreement with the city to assure continued operation and maintenance to a predetermined reasonable standard. These common areas shall be placed under the ownership of one of the following, depending upon which is most appropriate:

Landlord or developer control;

Homeowner's association, provided all of the following conditions are met:

The homeowner's association must be established prior to any sale;

Membership must be mandatory for each owner, and any successive buyer;

The open space restrictions must be permanent, not for a given period of years;

The association must be responsible for liability insurance, local taxes, and the maintenance of residential and other facilities;

Landowners must pay their pro rata share of the cost and the assessment levied by the association that can become a lien on the property in accordance with state law;

The association must be able to adjust the assessment to meet changed needs.

(12)

Architectural renderings of buildings (depicting the look, materials, and elevations of proposed structures) and typical floor plans.

(13)

Three sets of labels listing the names and addresses of all property owners within 1,000 feet of the subject property. Labels shall be obtained from Hennepin County.

(14)

Title evidence, as satisfactory to the city;

(15)

Other. An applicant may submit any additional information as required by staff, or that may explain the proposed development.

(e)

Final plat submittal requirements for class III subdivisions. The following information shall be submitted in order for an application to be considered complete:

(1)

A completed and signed land use application with the associated fee;

(2)

One original and two copies signed by the grantor(s), of any required drainage, utility, road, access, open space conservation or other easement in the standard form as provided by the city if not explicitly dedicated on the plat. Any other form or changes to the standard form must be approved by the city attorney prior to filing the final plat application;

(3)

One original and two copies, signed by the grantor(s), of any warranty deed dedicating required land to the city or other governmental jurisdiction;

(4)

One original and two copies of any private covenant, homeowner's association agreement or other private restrictions intended to be filed in the chain of title of the property at the time the final plat is recorded;

(5)

A developer's agreement including the complete construction plans and specifications, performance and warranty bonds, payment of all applicable development fees, and any other documents required as part of the developer's agreement will be submitted.

(6)

A written narrative. A narrative should be submitted providing information on the proposal, and explaining how the plan will meet the purpose and intent of subdivision regulations. Separate answers shall be provided for each of the following:

List the following site data: Address, current zoning, parcel size in acres and square feet, property identification number(s) (PID), and current legal description(s);

Calculate the final density of the project;

Provide a final description of the parks and/or open space areas being dedicated. Provide a breakdown on the ownership and maintenance of said areas;

(7)

A certificate of survey of the property.

(8)

(9)

Final plat plan set. The final plat plan set shall include the following:

Administrative information (including the proposed name of the subdivision, contact information for the developer and individual preparing the plan, signature of the surveyor certifying the document, date of plan preparation or revision, and a graphic scale and true north arrow);

Final area calculations for gross land area, wetland areas, wetland buffers, right-of-way dedications, conservation areas, and proposed public and private parks;

Indication of the underlying zoning district(s);

Layout of final lots with lot and block numbers. The perimeter boundary line of the subdivision should be distinguishable from the other property lines. Denote outlots planned for public dedication and/or open space (schools, parks, etc.);

Final area calculations for each parcel;

Setbacks on each lot and calculated buildable area;

Hardcover allowance per lot;

Existing contours at intervals of two feet. Contours must extend a minimum of 200 feet beyond the boundary of the parcel(s) in question;

Delineation of wetlands and/or watercourses over the property and within 200 feet of the perimeter of the subdivision parcel;

Delineation of the ordinary high water levels of all water bodies;

Location, width, and names of existing and proposed streets within and immediately adjacent to the subdivision parcel;

Easements and rights-of-way within or adjacent to the subdivision parcel(s);

The location and orientation of proposed buildings;

Final locations for sidewalks and trails;

Final configurations of parking areas;

Final layout of parks, common areas, and preservation easements (indicate public vs. private if applicable).

(10)

A final grading, drainage, and erosion control plan. At a minimum the plan should show:

Final lot lines, rights-of-ways, wetlands, and watercourses per the final PUD plan;

Drainage and utility easements per the final PUD plan;

Final grading plan in sufficient detail to show existing and/or proposed contours for the entire development using two-foot contour lines;

Indicate drainage patterns and locations of drainage facilities (show approximate area and volume);

Location of above ground obstructions to water flow;

Final stormwater/drainage calculations providing the before and after runoff calculations and any proposed ponding areas;

Indicate the base flood elevation level and delineate the floodways and/or flood fringe areas;

Any emergency overflow devices and elevations;

Planned modifications to wetlands and mitigation areas;

Sedimentation and erosion control plan.

(11)

A final utility plan. At a minimum the plan should show:

Proposed utilities plan including sewer, water, gas, electric, phone, cable TV, utility poles, or other above or underground facilities;

Denote the existing service tie locations and the proposed connection sizes.

(12)

A final street and stormwater plan. At a minimum the plan should show:

Center line profile of proposed streets;

Typical cross section of street improvements;

Location and number of on-street parking spaces;

Location and number of off-street parking spaces (guest, handicapped, bicycle, motorcycle, etc.) including typical dimensions of each;

Location of sidewalks and trails;

Location and dimensions of stormwater systems, including invert elevations for all manholes, catch basins, outlets, etc.

Storm sewer calculations and drainage area maps to verify the size of pipes and spacing of catch basins.

(13)

A final soils, signage, and lighting plan. At a minimum the plan should show:

Location of soil testing sites corresponding to a soils report for streets, sidewalks, utility, and other public corridors;

Locations of sign posts and a notation of sign(s) to be placed on the post (addresses, traffic control, warning, etc.);

Table indicating the name of required signs (example: Games Drive, Turtle Road, Halsted Ave, stop signs, children at play signs, etc.) and the number of each sign needed for the development. Signs are required to have double frontage (excluding traffic control signs designed to be seen from only one direction);

Location(s) of permanent entrance monument(s), temporary area identification signs, and applicable easements for such;

Location of temporary model homes, sales facilities, and/or construction facilities.

(14)

A final tree preservation and planting plan. This plan must be submitted in the format required by city code.

(15)

An updated/finalized wetland delineation report (if applicable).

(16)

Final architectural renderings of buildings (depicting the look, materials, and elevations of proposed structures) and typical floor plans.

(17)

Tax information. Verification that taxes are paid in full for the year in which the plat will be filed.

500.21. - Registered land surveys.

Subd. 1.

Purpose. Pursuant to Minn. Stats. § 508.47, subdivision 6, the purpose of registered land surveys is to "simplify the description of the registered land in connection with its transfer. Land conveyed by reference to a registered land survey will be deemed to be conveyed by metes and bounds." Before filing any registered land survey in the office of the county recorder, all such surveys will be approved in the manner required for the approval of subdivision plats, including the provision of mounted and reproducible copies and endorsement by the city.

Subd. 2.

Registered land surveys for final plat review. Registered land surveys will be accepted for final plat review subject to the following conditions:

(a)

Registered land surveys may be submitted in lieu of record plats for class I and class II subdivisions;

(b)

Registered land surveys may be required for class I subdivisions by resolution of the city council or by order of the district court (Minn. Stats. § 507.48, subdivision 2);

(c)

Registered land surveys will not be accepted for expedited or class III subdivisions which must be submitted in the form of record plat drawings;

(d)

All parcels of land shown on registered land surveys will be clearly identified by letter designation.

500.23. - Lot improvements.

All public and/or private improvements required by the city to be completed by the subdivider prior to final plat approval, will be fully completed and will have had a certificate of satisfactory completion issued by the city engineer prior to endorsement of the final plat by the city. All public and/or private improvements required by the city to be completed by the subdivider after final plat approval will be fully set forth in a subdivider's agreement to be executed prior to final plat approval.

Subd. 1.

Letter of credit to include lot improvement. The letter of credit will include an amount to guarantee completion of all requirements contained in this subsection including, but not limited to, soil preservation, final grading, lot drainage, lawn-grass seeding, removal of debris and waste, fencing, and all other lot improvements required by the city council.

Subd. 2.

Lot arrangement. The lot arrangement will 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 regulations of the city and in providing driveway access to buildings on such lots from an approved street.

Subd. 3.

Lot dimensions. Lot dimensions will comply with the minimum standards of the zoning regulations of the city. Where lots are more than double the minimum required area for the zoning district, the city may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with the zoning regulations of the city. In general, side lot lines will be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots will be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial, or industrial purposes will be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in the zoning regulations of the city.

Subd. 4.

Minimum lot area. The minimum area requirement for each proposed lot will be as prescribed in the zoning regulations of the city.

Each proposed lot to be serviced by an on-site sewer treatment system must have:

(a)

A contiguous area of dry buildable land equal to 10,000 square feet for a principal structure; such 10,000 square feet must include an area measuring at least 60 by 125 feet;

(b)

(c)

Fourteen thousand square feet of contiguous possible drainfield area; such 14,000 square feet will be located such that it will reasonably service the principal structure for which the drainfield is intended; such 14,000 square feet of possible drainfield area may be situated so as to have two separated sites of at least 7,000 square feet of contiguous area each; and

(d)

A septic site evaluation report must be completed by an evaluator licensed by the state.

Subd. 5.

Lakeshore lots. The granting of any easements which purport to grant access to a lake to any person for any uses, including but not limited to docking, mooring, swimming, and launching of boats is prohibited, except as allowed by chapter VI.

Subd. 6.

Double frontage lots and access to lots.

(a)

Double frontage and reversed frontage lots must be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation.

(b)

Lots must not, in general, derive access exclusively from an arterial roadway. Where driveway access from any arterial roadway may be necessary for several adjoining lots, the city council may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such roadway. Where possible, driveways must be designed and arranged so as to avoid requiring vehicles to back into traffic on any arterial roadway.

Subd. 7.

Soil preservation, grading and seeding.

(a)

No certificate of occupancy will be issued until final grading has been completed in accordance with the approved final plat and the lot precovered with topsoil with an average depth of at least six inches over the entire area of the lot, except that portion covered by buildings or included in streets, or where the grade has not been changed or natural vegetation seriously damaged. All public and private improvements will be in accordance with the Minnetrista Engineering Standards and any amendments or new standards adopted thereto. Prior to issuance of a building permit a final grade escrow shall be submitted according to the city's fee schedule to ensure that the final grade inspection meets the minimum requirements of the ordinance.

(b)

Lawn-grass seed will be sown at not less than four pounds to each 1,000 square feet of land area. In the spring, the seed will be sown between April 1 and June 1; and in the fall, the seed will be sown between August 15 and September 30 on any disturbed areas. Blanket or mulch over the seeded area is recommended. Seed shall not be sown if the city has declared a watering ban. The seed will consist of a maximum of ten percent rye grass by weight and a minimum of 90 percent of permanent bluegrass and/or fescue grass by weight. All seed will have been tested for germination within one year of the date of seeding, and the date of testing will be on the label containing the seed analysis. All lots will be seeded from the roadside edge of the unpaved right-of-way back to a distance of 25 feet behind the principal residence on the lot. No certificate of occupancy will be issued until respreading of topsoil and seeding of lawn has been completed; except that between October 1 and March 15, and between May 15 and August 15, the applicant must submit an agreement in writing signed by the subdivider and the property owner, with a copy to the planning department, that respreading of topsoil and seeding of lawn will be done during the immediately following planting season as set forth in this section, and leave a cash escrow for performance in such amount as will be determined by the planning department. Sod may be used to comply with any requirement of seeding set forth herein. For properties that use the city water supply system for lawn or landscape irrigation, sod shall be placed in accordance with the following:

(1)

During periods of no drought to moderate drought, sod may be placed between April 15 and November 1.

(2)

During periods of severe, extreme or exceptional drought, sod may be placed only between April 15 and June ten and between September 1 and November 1.

(3)

No sod may be placed during any period in which a city watering ban is in effect.

Drought conditions will be determined by reference to the United States Drought Monitor for Hennepin County, Minnesota or any similar successor monitor.

(c)

Lots will be laid out so as to provide positive drainage away from all buildings and individual lot drainage will be coordinated with the general storm drainage pattern for the area. Drainage will be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.

Subd. 8.

Debris and waste. No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, or any other waste materials of any kind will 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 on a subdivision. No such material will be left or deposited in any area of the subdivision at the time of expiration of the performance bond or dedication of public improvements, whichever occurs first.

Subd. 9.

Fencing. Each subdivider will be required to furnish and install fences wherever the city council determines that a hazardous condition may exist. The fences must be constructed according to standards established by the city engineer. No certificate of occupancy will be issued until the fence improvements have been duly installed.

Subd. 10.

Bodies of water and watercourses. If a tract being subdivided contains a water body, marsh, wetlands, or a portion thereof, lot lines must be so drawn as to distribute the entire ownership of those areas among the fee owners of adjacent lots. The city council may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of those areas is so placed that it will not become the city's responsibility. Where a watercourse separates the buildable lot area of a lot from the street by which it has access, provisions will be made for installation of a culvert or other structure, of design approved by the city engineer.

(Revised 04/18/2022; Ordinance 475; Revised 08/15/2022; Ordinance 478)

500.25. - Roads.

Subd. 1.

Public roads. Public streets and roads will be required to be platted, constructed and dedicated to the city when required by the city council consistent with the recommendations of the planning commission and the city staff and the established city practices and design standards. Public roads must be completed and issued a certificate of satisfactory completion by the city engineer prior to final plat approval or, when specifically authorized by the city council, will be subject to the conditions of a subdivider's agreement to be executed prior to final plat approval.

Subd. 2.

Private roads.

(a)

Dedication to the public. Dedication of all roadways to the public is the clear and definite preference of the city council. If, however, the construction of a private roadway would better preserve and protect sensitive environmental features, the city council may require or allow private roadways in any zoning district.

(b)

Private roadways in the AP and A zoning districts. The city council may allow or require private roadways in the AP and A zoning districts, if the city council finds that:

(1)

The property is being developed to the maximum density allowed by the zoning regulations of the city and the comprehensive plan;

(2)

There is no existing or potential need for through streets to provide for adequate traffic development patterns;

(3)

The proposed subdivision will not result in the landlocking of proposed lots or the continued landlocking of existing lots which lie adjacent to the proposed subdivision; and

(4)

The proposed private roadway will be adequately maintained by private means in such a manner as to assure continued safe and quality access for pedestrians, bicyclists, utilities and vehicles, including emergency service and maintenance vehicles.

(c)

Private roadways must meet the following conditions:

(1)

The subdivider must identify the private roadway on the final plat as a separate outlot at least 50 feet in width if it is a through street;

(2)

The subdivider must identify the private roadway on the final plat as a separate outlot at least 50 feet in width if it is not a through street;

(3)

The subdivider will provide for a permanent homeowner's association with a road maintenance agreement in order to ensure ownership and maintenance of the roadway outlot;

(4)

(5)

The ownership of the roadway outlot will be perpetually vested in the homeowner's association;

(6)

The subdivider must construct the private roadway in accordance with city standards and specifications;

(7)

The subdivider must file the necessary bonds with the city to assure proper construction and satisfactory condition of the private roadway;

(8)

The proposed lots which will be served by the private roadway must meet all of the minimum requirements of the zoning regulations of the city;

(9)

The subdivider will dedicate underlying public roadway and utility easement over the roadway outlot to the city in a form acceptable to the city;

(10)

The subdivider will establish on-street parking restrictions on the private roadway, in a form acceptable to the city, including the installation of necessary signage; and

(11)

The subdivider will file the necessary documents, in a form acceptable to the city, in the title of all proposed lots which will be served by the private roadway, specifically stating that the city has no obligation, now or in the future, to provide services to that roadway.

Subd. 3.

Road design standards.

(a)

Generally. In order to provide for roads of suitable location, width, and 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 design standards for roads in this part are required and the construction of all public and private improvements will be in accordance with the Minnetrista Engineering Standards and any amendments or new standards adopted thereto.

(b)

Road surfacing and improvements. After sewer and water utilities have been installed by the subdivider, the subdivider will construct all road pavement, shoulders, drainage improvements and structures, curbs, culs-de-sac, and sidewalks in conformance with all construction standards, and specifications adopted by the city or city engineer and will be incorporated into the construction plans required to be submitted to the subdivider for final plat approval.

The subdivider will construct roadways in the AP, A, SDD, RDB, R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-3, I and planned unit development zoning districts to be paved standards, at subdivider's expense, in accordance with engineering standards.

(c)

Roadway classification. All roadways must be classified as one or more of the following:

(1)

Principal arterial, which is a roadway intended to connect urban subregions with one another, connect urban and rural service areas with metro centers, to connect outstate cities;

(2)

Roadway, private, which is any roadway for which the city or other political subdivision will not be responsible for its maintenance and operation;

(3)

Roadway, public, which is any roadway for which the city or other political subdivision is or expects to be responsible for its maintenance and operation;

(4)

Intermediate arterial, which is a roadway intended to connect two or more subregions; provide secondary connections outstate. It complements principal arterials in high volume corridors;

(5)

Minor arterial, which is a roadway intended to connect adjacent subregions and activity centers within subregions;

(6)

Collector, which is a roadway intended to connect neighborhoods within and between subregions;

(7)

Local, which is a roadway intended to connect blocks within neighborhoods and specific activities within homogeneous land use areas;

(8)

Parkway, which is a local roadway intended to provide low speed and low volume vehicular or bicycle access to or through recreational areas, parks, lakeshore;

(9)

Roadway, deadend, which is a roadway with only one vehicular-traffic outlet.

(d)

Right-of-way specifications.

(1)

The minimum right-of-way widths must be as follows:

For principal arterial, intermediate arterial and minor arterials, as recommended by the city's comprehensive transportation plan;

For collectors, 80 feet;

For locals, 60 feet;

For parkways, 100 feet;

For culs-de-sac, 60 feet;

Private roadways must be placed in a 50-foot wide outlot and built to public road standards, in conformance with specifications or engineering standards adopted by the city council.

(2)

Rights-of-way needed for future roadways in the opinion of the city must be provided.

(3)

Right-of-way widths or additional widths must be provided in existing rights-of-way in excess of the standards designated in this section due to topography, additional width is necessary to provide adequate earth slopes. Such slopes will be in excess of three to one.

(e)

Railroads and limited access roadways. Railroad rights-of-way and limited access roadways where so located as to affect the subdivision of adjoining lands must be treated as follows:

(1)

In resident districts a buffer strip at least 25 feet in depth in addition to the normal depth of the lot required in the district will be provided adjacent to the railroad right-of-way or limited access roadway. This strip will be platted as an outlot;

(2)

In districts zoned for business, commercial, or industrial uses the nearest street extending parallel or approximately parallel to the railroad will be at a sufficient distance therefrom to ensure suitable depth of commercial or industrial sites;

(3)

Streets parallel to the railroad when intersecting a street which crosses the railroad at grade will be at a distance of at least 150 feet from the railroad right-of-way. Such distance will be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients;

(4)

Streets crossing the railroads will be avoided.

(f)

Intersections.

(1)

Streets will be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle of less than 75 degrees will not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. Not more than two streets will intersect at any one point unless specifically approved by the city.

(2)

Proposed new intersections along one side of an existing street will coincide with any existing intersections on the opposite side of such street. Intersection jogs with centerline offsets of less than 150 feet will not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect major streets, their alignment will be continuous. Intersection of major streets will be at least 800 feet apart.

(3)

The minimum curb radius at the intersection of two local streets will be at least 20 feet. The minimum curb radius at an intersection involving a collector street will be at least 30 feet. Alley intersections and abrupt changes in alignment within a block will have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.

(4)

Intersections will be designed with a flat grade of at least 100 feet. In hilly or rolling areas, at the approach to the flat grade of the intersection, a leveling area will be provided having not greater than a two percent rate of change of vertical curvation for a distance of 100 feet, measured from the nearest point of the flat grade as provided for herein.

(5)

Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the subdivider will cut such ground and/or vegetation (including trees) in connection with the grading of the right-of-way to the extent deemed necessary by the city to provide an adequate sight distance.

(6)

The cross-slopes of all streets, including intersections, will be two and a half percent or less.

Subd. 4.

Road dedication and reservations.

(a)

Street systems in new subdivisions must 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 will be improved and dedicated by the subdivider. The city may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within subdivider's own subdivision boundaries.

(b)

Where a subdivision borders an existing narrow road or when the comprehensive municipal plan or some other agency indicates plans for realignment, improvement or widening a road that would require use of some of the land in the subdivision, the subdivider will be required to improve and dedicate at subdivider's expense such areas for widening, improving or realignment of such roads. Such frontage roads and streets will be improved and dedicated by the subdivider at subdivider's own expense to the full width as required by this section.

(c)

Land reserved for any road purposes may not be countered in satisfying yard or area requirements of the zoning regulations of the city whether the land is to be dedicated to the city in fee simple or an easement is granted to the city.

Subd. 5.

On-site roads.

(a)

Scope. This subsection applies to on-site roadways in subdivisions.

(b)

Grading and improvement plan. Roadways must be graded and improved and conform to the city's construction standards and specifications and must be approved as to design and specifications by the city engineer, in accordance with the construction plans required to be submitted prior to final plat approval.

(c)

Topography and arrangement.

(1)

Roadways must be related appropriately to the topography. Roadways will be curved wherever possible to avoid conformity of lot appearance. All roadways will be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. Grades of streets will conform as closely as possible to the original topography. A combination of steep grades and curves will be avoided. Specific standards are contained in the design standards of this section.

(2)

All streets will be properly integrated with the existing and proposed system of thoroughfares and dedicated right-of-way as established in the comprehensive municipal plan.

(3)

All thoroughfares will be properly related to specific traffic generators such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses.

(4)

Roadways will be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of roadways necessary to provide convenient and safe access to property.

(5)

The gridiron roadway pattern need not necessarily be adhered to, and the use of curvilinear roadways or U-shaped roadways will be encouraged where such use will result in a more desirable layout.

(6)

Through streets are preferred by the city and will be required in the majority of cases. Culs-de-sac may be considered, if environmental and topographic conditions so merit. Through streets will be extended to the boundary lines of the tract to be subdivided or, if the adjacent property is undeveloped and the roadway must temporarily be a dead-end roadway, the right-of-way will be extended to the property line and a temporary cul-de-sac will be dedicated and constructed.

(7)

In business and industrial developments, the roadways and other accessways will be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict or movement between the various types of traffic, including pedestrian.

(d)

Access to primary arterials. Where a subdivision borders on or contains an existing or proposed arterial, the city may require that access to such roadways be limited by one of the following means:

(1)

The subdivision of lots so as to back onto the arterials and front onto a parallel local or collector roadway. No access will be provided from the arterial, and screening must be provided in a strip of land along the rear property line of such lots;

(2)

A series of culs-de-sac, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the arterial;

(3)

A marginal access or service road separated from the arterial by a planting or grass strip and having access thereto at suitable points.

(e)

Road names and street addresses. The sketch plan as submitted will not indicate any names upon proposed streets. The city must name all roads at the time of preliminary plat approval and assign street addresses. The local postmaster must be consulted by the planning department. Names must be sufficiently different in sound and in spelling from other road names in the city so as not to cause confusion. A road which is or is planned as a continuation of an existing road must bear the same name.

(f)

Road regulatory signs.

(1)

The subdivider must deposit with the city at the time of final subdivision approval the sum of money as determined by the city engineer for each road sign and the installation cost thereof. The city will install all road signs before issuance of certificates of occupancy for any residence on the streets approved.

(2)

The city will place signs at all intersections within or abutting the subdivision, the type and location of which to be approved by the city engineer.

(g)

Street lights. Installation of street lights will be required in the following zoning districts: R1, R2, R3, R4, R5, urban planned unit developments, and commercial/industrial districts.

(h)

Reserve strips. The creation of reserve strips will not be permitted adjacent to a proposed street in such a manner as to deny access from adjacent property to such street.

(i)

Construction of roads and dead-end roads.

(1)

The arrangement of roadways must provide for the continuation of roadways between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, for efficient provision of utilities, and where such continuation is in accordance with the city comprehensive municipal plan. If the adjacent property is undeveloped and the roadways must be temporarily dead-end roadways, the right-of-way will be extended to the property line. The city may limit the length of temporary dead-end roadways in accordance with the design standards of this section.

(2)

Where a roadway does not extend to the boundary of the subdivision and its continuation is not required by the city for access to adjoining property, its terminus will normally not be nearer to such boundary than 50 feet. However, the city may require the reservation of appropriate easement to accommodate drainage facilities, pedestrian traffic or utilities. A cul-de-sac must be provided at the end of a permanent dead-end roadway in accordance with the city's construction standards and specifications.

Subd. 6.

Off-site roads.

(a)

Access to improved public roadways. No subdivision will be approved unless the area to be subdivided will have adequate access from an existing publicly dedicated and opened roadway. Such roadway must be suitably improved as required by the city, the state or county. In the event the public roadway, including but not limited to existing bridges, drainage structures, lighting, shoulders, base, pavement, alignment or site distance, is not suitable to handle the proposed additional vehicular traffic from the subdivision, the subdivider at subdivider's expense will be responsible for first improving the public roadway to a standard acceptable to the city, to ensure that the health, safety and welfare of the citizens presently using the roadway and in the future will be protected and will not be adversely affected by the increased use of the roadway caused by the subdivision. This improvement must be accomplished prior to final plat approval unless the city agrees and the subdivider provides a suitable letter of credit to complete the improvements in the subdivider's agreement.

(b)

Access to improved public roadways over existing private roadways. Wherever the area to be subdivided is to utilize an existing private roadway in order to gain access to the public roadway, such private roadway will be suitably improved as provided in this subsection for public roadways.

500.31. - Water supply.

Subd. 1.

General requirements.

(a)

Necessary action will be taken by the subdivider to extend or create a water-supply district for the purpose of providing a water-supply system capable of providing domestic water use and fire protection. All lots in new subdivisions within the municipal urban service area will be connected to the city's water system.

(b)

Where a public water main is accessible, the subdivider will install adequate water facilities (including fire hydrants) subject to the specifications of the state or city. All water mains will be at least six inches in diameter or as deemed necessary by the city engineer for future service of water.

(c)

Water main extensions must be approved by the city.

(d)

To facilitate the above, the location of all fire hydrants and all water supply improvements and all improvements proposed to be served, must be shown on the preliminary plat, and the cost of installing same must be included in the performance bond to be furnished by the subdivider.

Subd. 2.

Individual wells and central water systems.

(a)

In the discretion of the city, if a public water system is not available, individual wells may be used or a central water system provided in such manner that an adequate supply of potable water will be available to every lot in the subdivision. Water samples must be submitted to the state health department for its approval, and individual wells and central water systems must be approved by the appropriate health authorities. Orders of approval must be submitted to the planning department.

(b)

If the city requires that a connection to a public water main be eventually provided as a condition to approval of an individual well or central water system, the subdivider must make arrangements for future water service at the time the plat received final approval. Performance or cash bonds may be required to ensure compliance.

Subd. 3.

Fire hydrants. Where required, fire hydrants will be located within 225 feet of any structure and will be approved by the city. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves and all other supply improvements must be installed before any final paving of a street shown on the plat.

Subd. 4.

No connection of lawn and landscape irrigation systems to the city water supply system.

(a)

If located within the city water supply system service area, the following are prohibited from connecting a lawn and landscape irrigation system to the city water supply system:

(1)

A property located within a subdivision that consists of five or more lots and is zoned residential;

(2)

A multiple dwelling unit structure of any size, except for properties in locations that are served by the city's storm sewer system; and

(3)

A property that is over two acres in size and is zoned highway service business, planned industrial, mixed-use or public/semi-public.

(b)

This chapter shall be applicable only to the above-referenced properties that install lawn and landscape irrigation systems after enactment of this chapter. No property shall be allowed to expand its lawn and landscape irrigation system from the city water supply system if a stormwater pond is available or established to accommodate lawn and landscape irrigation service. Any property presently served by the city water supply system that is requesting to expand its lawn and landscape irrigation system shall be required to convert and connect its lawn and landscape irrigation system to a stormwater pond if such stormwater pond is available or must be established to accommodate lawn and irrigation service.

(c)

All pumps associated with lawn and landscape irrigation system shall be free standing or located in a structure that is not connected to the city water supply system.

(d)

No water pumped for the lawn and landscape irrigation system shall enter and no pump or irrigation system shall in any way be connected to any structure that is connected to the city water supply system.

Subd. 5.

Connection of irrigation wells to stormwater ponds.

(a)

An irrigation well may be installed on any property in order to provide additional water to a stormwater pond under the following conditions:

(1)

Any irrigation well shall be constructed according to Minn. Stats. ch. 103I and Minnesota Rules Chapter 4725 ("Minnesota Well Code");

(2)

A water use (appropriation) permit must be obtained from the Minnesota Department of Natural Resources;

(3)

Each irrigation well shall be equipped with either a water flow meter or a time meter;

(4)

The property owner shall provide the city with a well log and yearly pumping records on the last day of each calendar year for each irrigation well located on the property;

(5)

The irrigation well shall be protected from accidental back flow of water with a backflow preventor that shall be approved in advance by the city; and

(6)

Irrigation well water shall not be used to provide flow to any water feature where the water then flows to waste.

(b)

Irrigation well water shall be used only for irrigation of landscaping. It shall not be used for any other use.

(Revised 04/18/2022; Ordinance 475)

500.41. - Plat design standards.

Subd. 1.

Conformance to applicable rules and regulations. In addition to the requirements established herein, all final plats will comply with the following laws, rules and regulations:

(a)

All applicable statutory provisions;

(b)

The city zoning ordinances, building and housing codes, and all other applicable laws of the appropriate jurisdictions;

(c)

The rules of the state and county highway department if the subdivision or any lot contained therein abuts a state or county highway or connecting street;

(d)

The standards and regulations adopted by the city engineer and all boards, commissions, agencies, and officials of the city;

(e)

All pertinent standards contained within the planning guides published by the Metropolitan Council, Lake Minnetonka Conservation District, Minnehaha Creek Watershed District, Pioneer Sarah Creek Watershed District, Department of Natural Resources, or any other public entity having jurisdiction over the land.

Subd. 2.

Plats straddling municipal and school district boundaries. Whenever access to the subdivision is required across land in another local government, the city council may request assurance from the city attorney that access is legally established, and from the city engineer that the access road is adequately improved, or that a letter of credit 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 and school district boundary lines.

Subd. 3.

Monuments. The applicant will place permanent reference monuments in the subdivision as required by state law.

Subd. 4.

Character of the land. Land which the city council finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, soil conditions, rock formations, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, will not be subdivided or developed unless adequate methods are formulated by the developer and approved by the city council, upon recommendation of the city engineer, to solve the problems created by the unsuitable land conditions. Such land will be set aside for uses as will not involve such a danger.

Subd. 5.

Conditionally buildable slopes. Conditionally buildable slopes, as defined, may be used to meet the minimum required amount of dry buildable land for any proposed lot only if the following provisions are satisfied:

(a)

If the conditionally buildable slope is not to be disturbed by construction, or otherwise directly affected, but the proposed lot must include any portion of a conditionally buildable slope area to meet the minimum dry buildable land area requirement, then the city's standard slope preservation easement, available at the city offices, must be fully executed and submitted at the time of final plat application. This easement must encumber all conditionally buildable slopes on the subject property.

(b)

If the conditionally buildable slopes are to be disturbed by: Any subdivision improvement; or a building project; or if the only useable building site on a proposed lot is located on a conditionally buildable slope; or if the conditionally buildable slope will be otherwise directly affected; then the following conditions must be satisfied:

(1)

The city's standard slope preservation easement, available at the city offices, must be fully executed and submitted at the time of final plat application. This easement must encumber all conditionally buildable slopes on the subject property.

(2)

A vegetation plan satisfactory to the city engineer and city council must be submitted for the subject property at the time of final plat application. This vegetation plan is to include at least the following: Property lines drawn to scale; scaled location and size of any existing or proposed buildings; existing topography at a contour interval sufficiently detailed to define the topography over the entire conditionally buildable slope; within 50 feet of a potential or proposed construction site each tree over four inches in diameter at a height of six feet above grade must be located to scale; the location of dense undergrowth and bushes; the location of any existing exposed soil; and the location of any proposed vegetation removal.

(3)

No clear cutting will be permitted.

(4)

An erosion and sedimentation plan satisfactory to the city council and city engineer must be submitted at the time of final plat application. This erosion and sedimentation plan must include at least the following: Contour lines that extend a minimum of 100 feet off-site, or sufficient to show on- and off-site drainage; the site's property lines must be shown in true location with respect to topographic information; the location of proposed excavations and fills, of on-site storage of soil and other earth material, and of on-site disposal; the quantity of soil or earth material in cubic yards to be excavated, filled, stored or otherwise utilized on-site; the proposed location of any utility trenching; the location of all proposed and required erosion and sediment control measures; the location of proposed final surface runoff.

(5)

All erosion and sediment control techniques employed must be in accordance with the slope protection section of the Erosion and Sediment Control Manual, 1989, by Hennepin Conservation District, and/or must be approved by the city engineer prior to final plat approval.

(6)

Slope stability information satisfactory to the city engineer and city council must be submitted at the time of final plat application.

(7)

If the proposed subdivision includes any lot which will not be serviced by the public sanitary sewer system, and a potential or proposed on-site septic system drainfield site is located within 50 feet of the toe of any conditionally buildable slope, then at the time of final plat application such information must be submitted as required by the city engineer to complete a review of the drainfield's effect upon the stability of the slope.

(8)

Prior to final plat approval or the issuance of any permits, a hold harmless agreement must be executed, which must indemnify the city, its officials, agents, and employees from any and all action due to events resulting from construction upon or use of any conditionally buildable slope.

Subd. 6.

Subdivision name. The proposed name of the subdivision will not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by this section. The city council will have final authority to approve the name of the subdivision which will be determined at preliminary plat.

Subd. 7.

General construction standards and specifications. The construction of all public and private improvements will be in accordance with the Minnetrista Engineering Standards and any amendments or new standards adopted thereto.

500.43. - Preservation of natural features and amenities.

Subd. 1.

Generally. Existing features which would add value to residential development or to the city as a whole, such as trees, as herein defined, watercourses and falls, beaches, historic spots, and similar irreplaceable assets, will be preserved in the design of the subdivision. No trees will be removed from any subdivision nor any change of grade of the land effected until approval of the preliminary plat has been granted. All trees on the plat required to be retained will be preserved, and all trees where required will be welled and protected against change of grade. The vegetation map will show the number and location of existing trees, as required by this section and will further indicate all those marked for retention, and the location of all proposed shade trees required along the street side of each lot as required by this section.

Subd. 2.

Shade trees planted by subdivider.

(a)

As a requirement of subdivision approval, the city may require that subdivider plant shade trees on the property of the subdivision. Such trees are to be planted within five feet of the right-of-way of the road or roads within and abutting the subdivision, or, at the discretion of the city, within the right-of-way of such roads. One tree will be planted for every 40 feet of frontage along each road unless the city council, upon recommendation of the city engineer, will grant a waiver. Such waiver will be granted only if there are trees growing along such right-of-way or on the abutting property which in the opinion of the city council comply with this section.

(b)

New trees to be provided pursuant to this section will be approved by the city engineer and will be planted in accordance with the specifications of the city engineer. Such trees will have a minimum trunk diameter (measured 12 inches above ground level) of not less than two inches. Only oak, honey locust, hard maples, or other long-lived shade trees, acceptable to the city engineer and to the city council, will be planted.

500.44. - Variances.

Subd. 1.

The planning commission may recommend, and the city council may approve, a variance from the requirements of this chapter. A variance may be granted in accordance with section 505.05, subdivision 9.

500.45. - Non-residential subdivision.

Subd. 1.

Generally.

(a)

If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land will make such provision as the city council may require.

(b)

A nonresidential subdivision will also be subject to all the requirements of the site plan approval set forth in the zoning regulations of the city. Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the discretion of the city council. A nonresidential subdivision will be subject to all the requirements of this section as well as such additional standards required by the city council, and will conform to the proposed land use and standards established in the comprehensive municipal plan, and the zoning regulations of the city.

Subd. 2.

Standards. In addition to the principals and standards in this section, which are appropriate to the planning of all subdivisions, in the case of nonresidential subdivision, the subdivider will demonstrate to the satisfaction of the city council that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards will be observed:

(a)

Proposed industrial parcels will be suitable in area and dimensions to the types of industrial development anticipated;

(b)

Street rights-of-way and pavement will be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon;

(c)

Special requirements may be imposed by the city with respect to street, curb, gutter, and sidewalk design and construction;

(d)

Special requirements may be imposed by the city with respect to the installation of public utilities, including water, sewer, and stormwater drainage;

(e)

Every effort will be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary;

(f)

Streets carrying nonresidential traffic, especially truck traffic, will not normally be extended to the boundaries of adjacent existing or potential residential areas.

500.47. - Park dedication requirements.

Subd. 1.

Required. Pursuant to Minn. Stats. § 462.358, subdivision 2b, the city requires all subdividers to dedicate to the city or preserve for public use as parks, recreational facilities, playgrounds, trails, open space or areas of natural and environmental significance a reasonable portion of the buildable land of the subdivision. For the purposes of this section, a "subdivider" means any party separating an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests. The city council, at its discretion, may elect to require in lieu of land an equivalent cash payment based on the fair market value of the buildable land no later than the time of final subdivision approval. Any cash payment shall be placed in a special fund and used only for the purposes for which it was obtained, including the acquisition and development or improvement of the public park system or debt retirement in connection with land previously acquired. The form of contribution (cash or land, or any combination thereof) shall be decided by the city council based upon need and conformance with the comprehensive plan and the park plan therein. For purposes of this section, "buildable land" means the gross acreage of all property in the subdivision excluding wetlands designated by federal or state agencies, areas below the 100-year ordinary high water elevations and arterial streets and roadways.

Subd. 2.

Administrative procedures. The city council shall establish the administrative procedures deemed necessary to implement the provisions of this section, including all those required by Minn. Stats. § 462.358.

Subd. 3.

Dedicated land requirements. Any land dedicated to the public as a requirement of this section shall be reasonably useable for one or more of the public purposes for which it is acquired. Factors used in evaluating the utility of the area proposed to be dedicated shall include size, shape, topography, drainage, geology, tree cover, access and location.

Subd. 4.

Standards for determination. The parks and recreation commission may from time to time recommend changes to the standards and guidelines established by this section for determining which portion of each subdivision should reasonably be required for public dedication. Such standards and guidelines may take into consideration the zoning classification to be assigned to the buildable land, the particular use proposed for such land, amenities to be provided and factors of density and site development as proposed by the subdivider.

Subd. 5.

Parks and recreation commission recommendation. For each subdivision, the parks and recreation commission shall recommend to the city council the total area and location of the land that should be dedicated within the subdivision for public use.

Subd. 6.

Area of dedicated land. Subdividers shall be required to dedicate to the city for use as parks, recreational facilities, playgrounds, trails, open space, or areas of natural and environmental significance the percentage of the buildable land of the subdivision or the equivalent fair market value in cash as set out below:

(a)

Residential. The greater of:

(1)

Proposed dwelling units per acre, or

(2)

The zoned density.

At Least	But Less Than	Percentage of Buildable Land Or equivalent Market Value in Cash to be Dedicated
0	1.0	5
1	2	10
2	3	11
3	4	12
4	5	13
5	6	14
6	7	15

(b)

For commercial and industrial subdivisions, the subdivider shall, at the discretion of the city council, dedicate five percent of the buildable land area of the subdivision or an equivalent amount of cash in lieu.

(c)

Maximum payments. In no event shall the cash in lieu payment exceed $25,000.00 per residential lot.

Subd. 7.

Exemption for newly created lots with an existing dwelling or structure. For residential subdivisions on which a dwelling unit currently exists, the required dedication shall not apply to the resulting lot containing the existing home. For commercial and industrial subdivisions on which there is an existing permitted or conditionally permitted use, the required dedication shall not apply to the resulting lot containing the existing use.

Subd. 8.

Future subdivisions. Any land which is further subdivided shall be subject to the park dedication requirements in effect at the time of such additional subdivision. Previously subdivided property from which a park dedication has been received, being resubdivided with the same number of lots, is exempt from park dedication requirements. If, as a result of resubdividing the property, the number of lots is increased, then the park dedication or per-lot cash fee must apply only to the net increase of lots. In no event shall the city be liable for any repayment because of a subsequent reduction in the required park dedication.

Subd. 9.

Cash contribution in lieu of lands.

(a)

In subdivisions in which the amount of land to be dedicated to the public is less than the amount required in section 500.47, subdivision 6, the city council shall require a cash contribution by the subdivider in lieu of dedication of the additional land. The amount of cash to be contributed shall be based upon the fair market value of the equivalent land that would otherwise have been dedicated.

(b)

For purposes of this section, the fair market value means the value of the land at a time no later than final subdivision approval, determined in accordance with the following:

(1)

The planning department shall make a recommendation to the city council regarding the fair market value of the land, after consultation with the subdivider.

(2)

The city council, after reviewing the planning department's recommendation, may agree with the planning department or the subdivider, as to the fair market value. If agreement is not reached in this matter, the fair market value shall be determined in accordance with one of the following:

Fair market value as determined by the city council based upon a current appraisal submitted to the city by the subdivider at its expense. The appraisal shall be made by appraiser who is a member of SREA or MAI, or an equivalent real estate appraisal society; or

If the city council disputes such appraisal, it may obtain a second appraisal of the land by a qualified real estate appraiser whom the city council selects, which appraisal may be accepted by the city as being an accurate appraisal of fair market value. The cost of the second appraisal shall be paid by the subdivider.

Subd. 10.

Lands designated for public use on official map or comprehensive land use plan. Where a proposed park, recreational facility, playground, trail, open space, or area of natural and environmental significance that has been indicated in the comprehensive plan or park plan is located in whole or in part within a proposed subdivision, such proposed public site shall be designated as such and shall be dedicated to the city by the subdivider.

Subd. 11.

Density and open space requirements. Land area dedicated for public use under this section may not be used to calculate the density requirements of the subdivision. Additionally, land dedicated under this section shall be in addition to, and not in lieu of, open space requirements of the zoning ordinance and standard development easements. At the discretion of the city council, land set aside through conservation easements may be accepted, in whole or in part, as a dedication if deemed to be of public benefit in achieving goals established by the comprehensive plan and park plan.

Subd. 12.

Credit for private open space. Where private open space for park and recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be used for credit at the discretion of the city council against the requirement of dedication for public purposes, provided the city council finds it is in the public interest to do so and that the following standards are met:

(a)

Yards, court areas, setbacks and other open space required to be maintained by the zoning ordinance shall not be included in the computation of such private open space;

(b)

The private ownership and maintenance of the open space is adequately provided for by written agreement;

(c)

The private open space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision and which cannot be modified without the written consent of the city council;

(d)

The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, drainage, access, and location of the private open space land; and

(e)

The facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the comprehensive plan, or park plan, and are approved by the city council.

Under no circumstances, however, shall such credit for private facilities exceed 25 percent of the amount required to be dedicated to the public under this section.

Subd. 13.

Funding, accounting, budgeting, expenditure of cash in lieu of lands. All cash contributions received from subdividers in lieu of land dedications shall be deposited into a separate fund to be used for the purposes for which the cash was obtained, including acquisition of land, the development or improvement of existing public sites, or for debt retirement in connection with land previously acquired. The city council shall establish separate budgeting and accounting procedures to oversee said fund.

(Revised 02/04/2008, Ordinance 319)

500.49. - Homeowner's associations agreements.

The city council may, upon recommendation of the planning commission and/or city staff require the subdivider to create a viable homeowner's association, acceptable to the city which will be responsible for the ownership and maintenance of among other things: Common facilities, private roads, private sewer and water lines, open space, pathways, storm drainage ways, and storm drainage ponds, and any improvements which are not to be accepted by the city for public ownership and maintenance. Such maintenance will include, among other things, repair, replacement when necessary, snow removal, grass cutting, weed control, clean-up of trash and debris, mosquito control, odor control, silt removal from storm drainage ponds and drainage ways, and grading and surfacing of private roads. If a reasonable maintenance standard is not maintained by the homeowner's association, the city will have the right to take corrective action it deems appropriate to protect the health, safety and welfare of the public and to assess against said homeowner's association and/or the land in the subdivision for all costs incurred therefor. Such corrective action will not change the status of a private improvement. When a homeowner's association agreement is required by the city, or whenever a subdivider intends to create a homeowner's association, the form and content of the association agreement must be approved by the city prior to final plat approval. Any proposed homeowner's association agreement may be required to include the standard provisions which are available from the city. The subdivider will submit three copies of the executed association agreement, bylaws and articles of incorporation for incorporated associations to the city attorney for review.

500.51. - Subdivider's agreements.

The city council may, upon recommendation of the planning commission and/or city staff, require the subdivider to execute a subdivider's agreement prior to final plat approval. The subdivider's agreement will set forth in the standard city form those improvements required to be completed as a condition of subdivision approval, the party responsible for the installation and maintenance of the improvements, and the method of payment of the installation and maintenance costs.

500.53. - Effective period of final plat approval.

(a)

The intent of the subdivision approval process is that final approval will be granted only upon satisfactory completion of all requirements by the subdivider, in which case plat certification and recording will follow without delay. Whenever a final plat is disapproved, or approved with modifications or conditions, the subdivider will have 180 days to file an amended final plat including the required changes, alterations or additions, to provide any additional documents, agreements or letter of credit and to pay any required fees or charges, all as set forth in the resolution of final plat approval or disapproval.

(b)

Failure of the subdivider to complete any or all requirements within this time period will constitute a formal withdrawal of the proposed subdivision. Renewal of any proposed subdivision after this deadline but within 360 days of final approval or disapproval will require a new preliminary plat application including application form, material submittals and fee payment. Renewal of any proposed subdivision one year or more after a final approval or disapproval will require a complete subdivision review beginning with the sketch plan and including new applications, material submittals and fee payments, unless otherwise extended by the city council.

500.55. - Plat certification.

Subd. 1.

Scope. Except as otherwise stated, this subsection applies to plat certification and recording.

Subd. 2.

Purpose. Plat certification is the final stage of the subdivision review process. Certification of plat approval by the city is required for legal recording of the subdivision in the county recorder's office, which recording is required by state statutes and this section for legal transfer of property ownership or interest.

Subd. 3.

General requirements. The legal documents, including record plat drawings, easements, agreements, deeds and letters of credit, are reviewed for completeness and conformity with the city council conceptual approval or resolution of final plat approval. Whenever the resolution or conceptual approval of the final plat requires changes, alterations or additions to these documents, the subdivider must complete those requirements and supply corrected or completed documents to the planning department within 180 days of the date the resolution was adopted.

Subd. 4.

Prerequisites. The mayor and city administrator will not sign or certify any subdivision plat or survey unless the plat or survey has been reviewed according to this section and until the city council adopts a resolution of final plat approval. Certification by the city administrator is evidence that all requirements of the resolution of final plat approval have been completed by the subdivider.

Subd. 5.

Documents required.

(a)

The documents provided by the subdivider for final plat certification will be the same documents certified by the city staff unless changes, alterations or additions are required by the resolution of final plat approval in which case corrected documents will be supplied by the subdivider.

(b)

Documents to be certified by the city are as follows:

(1)

Certificate of survey for class I subdivisions;

(2)

Two plastic film reproducible copies of the record plat drawing for expedited, class II and class III subdivisions;

(3)

Resolution of final plat approval, three copies provided by the city.

(c)

Additional documents to be recorded with the plat are as follows:

(1)

One original signed by the grantor, or any required drainage, utility, road, access, open space, conservation or other easement in the standard form as provided by the city;

(2)

One original signed by the grantor, of any warranty deed dedicating required land to the city or other governmental jurisdiction;

(3)

One original copy of any private covenant, homeowner's association agreement or other private restriction intended to be filed in the chain of title of the property at the time the final plat is recorded.

Subd. 6.

Staff certification.

(a)

The planning department, city attorney, city engineer and city finance director must each review the final legal documents and status of each subdivision proposal.

(b)

Whenever the resolution of final plat approval requires changes, alterations or additions prior to final plat certification, upon receipt of all corrected documents, the planning department must refer the revised documents to the affected staff for their review and recertification.

Subd. 7.

Official plat certification. Upon receipt of the final staff certifications, the city administrator will determine that there has been final staff approval and will thereafter present the final plat drawings and resolution of final plat approval for the endorsement thereon of the signature of the mayor, or the acting mayor presiding in the absence of the mayor. Upon endorsement by the mayor, the city administrator will attest to the mayor's signature and the final city approval of the plat by endorsing the signature and affixing the seal of the city on each drawing and the resolution of final plat approval.

500.57. - Plat recording.

Subd. 1.

Date of platting procedure completion. The platting procedure will be completed by the city within 30 days of the signing of the final plat by the mayor and the city administrator.

Subd. 2.

Documents to be filed with county recorder. The city will file the following documents with the county recorder's office:

(a)

The record plat drawings, one plastic film reproducible copy if abstract property; two plastic film reproducible copies if Torrens property;

(b)

The resolution of final plat approval, one original copy;

(c)

One original copy of all required drainage, utility, road, access, open space conservation or other easement;

(d)

One original copy of any required warranty deed dedicating land to the city or other governmental jurisdiction;

(e)

One original copy of any private covenant or homeowner's association agreement required by the city as a condition of final plat approval.

Subd. 3.

Documents returned to the subdivider. The city must return the following documents to the subdivider:

(a)

The resolution of final plat approval, one certified copy;

(b)

One copy of all other easements, deeds, covenants or agreements filed by the city concurrent with the filing of the final plat.

Subd. 4.

Filing by the subdivider. Should the city for any reason fail to file the certified plat and/or any of the required easements, deeds or agreements within the 30 day period, the subdivider may individually file any or all such plats, easements, deeds or agreements if said filing occurs within 180 days of the date of final plat certification.

Subd. 5.

Detailed drawings. All detailed drawings, maps, preliminary plats, utilities maps, soil erosion and sedimentation control plans, vegetation and protection plan and contour maps will be in a form similar to the standard forms available from the city.

Subd. 6.

Final acceptance of improvements. Final acceptance of all improvements and release of letter of credit will be as and when set forth in the subdivider's agreement and this section. Final acceptance of all public improvements for which the city will thereafter be responsible will be by separate resolution of the city. The approval and certification by the city of a subdivision plat and/or the acceptance and recording of any easement or deed will not be deemed to constitute or imply acceptance by the city of any streets, roads, easements or parts shown on the plat or identified by easement or deed.

500.59. - Effective period of plat certification and buildability.

Plat certification by the mayor and city administrator is evidence that all the requirements of this section and of the resolution of final plat approval have been completed by the subdivider. Final plat certification will authorize transfer and use of the land consistent with the provisions of chapters IV and zoning regulations of the city in effect at the time of final plat approval. The city does not guarantee or warrant that any lot created by approved subdivision is buildable or usable in any way, and the city does not guarantee or warrant the continued enforcement of the existence of chapter IV or zoning regulations or this section. Consistent with the procedures established by state statute, this section, chapter IV and the zoning regulations are subject to change and amendment, which possible future change may adversely affect the transfer or use of any lot or tract created by a subdivision approved under the provisions of this section. The fact of city council approval, certification and filing of any subdivision does not grant any vested rights to the owner of any such subdivided property.

500.61. - Assurance of completion and maintenance of improvements.

Subd. 1.

Completion of required improvements. Before the mayor and city administrator sign a final plat, the subdivider will complete or agree to complete at subdivider's cost all of the required public or private improvements as required in this section and as specified in the resolution approving the final plat and in the subdivider's agreement, and in the case of public improvements, to dedicate same to the city, free and clear of all liens and encumbrances on the property and public improvements thus dedicated.

Subd. 2.

Letter of credit. The city may waive the requirement that the subdivider complete certain public and private improvements and dedicate certain public improvements prior to the signing of the final plat, and that, as an alternative, require the subdivider to provide a letter of credit at the time of the application for the final plat approval in an amount estimated by the city engineer as sufficient to secure to the city the satisfactory construction, installation, and where appropriate, dedication of the incomplete portion of the required private and public improvement. The amount of the letter of credit will be equal to one and one-half times the amount above estimated. Such letter of credit will comply with all statutory requirements and be satisfactory to the city attorney as to form and manner of execution. The letter of credit will be irrevocable and allow the city to receive payments from the issuer of the letter of credit in an amount sufficient to complete the improvements or repair or replace any defective workmanship or materials. The period within which the required public and private improvements must be completed will be specified by the city in the resolution approving the final subdivision plat or in the subdivider's agreement and will be incorporated in the letter of credit and will not exceed two years from date of final plat approval. The city may, upon proof of difficulty, extend the completion date set forth in such letter of credit for a maximum period of one additional year. The city may at any time during the period of such letter of credit accept a substitution of principal or sureties on the letter of credit.

Subd. 3.

Temporary improvements. The subdivider will build and pay for all costs of temporary improvements required by the city and will maintain same for the period specified by the city. Prior to construction of any temporary facility or improvement, subdivider will file with the city a separate suitable letter of credit for temporary facilities, which letter of credit will insure that the temporary facilities will be properly constructed, maintained and removed.

Subd. 4.

Cost of improvements. All required public and private improvements will be made by the subdivider, at subdivider's expense, without reimbursement by the city.

Subd. 5.

Governmental units. Governmental units to which these letters of credit and contract provisions apply may file in lieu of a contract or letter of credit a certified resolution or ordinance of that governmental unit agreeing to comply with the provisions of this section.

Subd. 6.

Failure to complete required improvements. For subdivisions for which no letter of credit has been posted, if the improvements are not completed with the period specified by the city in the resolution approving the final plat, the approval will be deemed to have expired. In those cases where a letter of credit has been posted and required improvements have not been installed within the term of such letter of credit and resolution approving the final plat, the city may thereupon declare the developer in default and draw down on the letter of credit and require that all improvements be installed regardless of the extent of the building development at the time that the letter of credit is declared to be in default. Moreover, the city may withhold building permits and certificates of occupancy for lots in the subdivision until the required improvements have been installed. In the event that the city undertakes the installation of the required private improvements, the city by doing so, will not undertake the subsequent maintenance of those private improvements.

Subd. 7.

Acceptance of dedication offers. Acceptance of formal offers of dedication of streets, public areas, easements and parks for which the city thereafter will be responsible, will be by resolution of the city. Acceptance of deeds and easements granting to the city open space, drainage and conservation easements, underlying public road easements, utility easements, will be by resolution approval of the final subdivision plats, which acceptance will not be deemed to constitute or imply acceptance of a formal dedication of those properties for which the city thereafter would be responsible. The approval by the city of a final plat will not be deemed to constitute or imply acceptance by the city of any streets, easement or park shown on said plat. The city may require said plat to be endorsed with appropriate notes to this effect.

Subd. 8.

Inspections. The city may inspect required public and private improvements during construction. The applicant will pay to the city an inspection fee of three percent of the estimated cost of the required improvements, which fee will be paid to the city prior to the signing of the resolution approving the final plat. If the city finds upon inspection that any of the required improvements have not been constructed in accordance with the city's construction standards and specifications, the subdivider will be responsible for completing the improvements and no building permits or certificates of occupancy will be issued until the required improvements have been completed by the subdivider. Wherever the cost of improvements is covered by a letter of credit, the subdivider and the company providing the letter of credit will remain liable for completing the improvements according to specifications.

Subd. 9.

Release of letter of credit. The city will not accept dedication of required improvements, nor release nor reduce the amount of the letter of credit, until the city engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the subdivider's engineer or surveyor has certified to the city engineer, through submission of detailed "as-built" construction drawing and survey plat of the subdivision, indicating location, dimensions, materials, and other information required by the city council or city engineer, that the layout of the line and grade of all required improvements is in accordance with construction plans for the subdivision. The city may require that a title insurance policy be furnished to and approved by the city attorney indicating that the required public improvements are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the city may thereafter accept the public improvements for dedication in accordance with the established procedure.

Subd. 10.

Reduction of letter of credit. The amount of a letter of credit may be reduced upon actual dedication of public improvements or upon satisfactory completion of the private improvement and then only to the ratio that the improvement bears to the total required improvements for the plat. In no event will a letter of credit be reduced below 25 percent of the principal amount until satisfactory completion of all required improvements.

Subd. 11.

Escrow deposits for lot improvements.

(a)

Whenever, by reason of the season of the year, any lot improvements required by this section cannot be performed, the planning department may, nevertheless, issue a certificate of occupancy, provided there is no danger to health, safety, or general welfare upon accepting a cash escrow deposit in an amount to be determined by the city engineer for the cost of the lot improvements. The performance bond covering such lot improvements will remain in full force and effect.

(b)

All required lot improvements for which escrow monies have been accepted by the planning department at the time of issuance of a certificate of occupancy will be installed within a period of nine months from the date of deposit and issuance of the certificate of occupancy. In the event that the lot improvements have not been properly installed, at the end of the time period the planning department will give two weeks' written notice to the escrower requiring escrower to install same, and in the event that same are not installed properly, the planning department may request the city council to authorize the city to proceed to contract out the work.

For the installation of the necessary lot improvements in a sum not to exceed the amount of the escrow deposit. At the time of the issuance of the certificate of occupancy for which escrow monies are being deposited with the planning department, the escrower will obtain and file with the planning department prior to obtaining the certificate of occupancy a notarized statement from the purchaser or purchasers of the premises authorizing the planning department to install the improvements at the end of the nine month period in the event that the same have not been duly installed by the escrower.

Subd. 12.

Maintenance of required improvements.

(a)

The subdivider will be required to maintain all private improvements and individual lot improvements and provide for snow removal on streets and sidewalks until acceptance of said private improvements by a subsequent lot owner or homeowner's association. The subdivider will be required to maintain all public improvements and provide for snow removal on streets and sidewalks until acceptance of the public improvements by resolution by the city. If there are any certificates of occupancy upon a street not already dedicated to and accepted by the city, the city may on 12 hours' notice plow the street or effect emergency repairs and charge the cost thereof to the subdivider and if the subdivider fails to pay those amounts within ten days of a receipt thereof, the city may declare a portion of the letter of credit to be due and owing and to charge those monies against that portion of the letter of credit.

(b)

The subdivider will be required to file a warranty bond with the city, prior to the issuance of the certificate of satisfactory completion, in an amount considered adequate by the city engineer and in a form satisfactory to the city attorney in order to insure the satisfactory condition of the required public and/or private improvements, including all lot improvements on the individual subdivided lots for a period of one year after the date of the issuance of the certificate of satisfactory completion.

Subd. 13.

Deferral of required improvements.

(a)

The city may defer at the time of the approval of the final plat, subject to appropriate conditions, the installation of any or all such public or private improvements as, in its judgment, are not requisite in the interest of the public health, safety and general welfare, or which are inappropriate because of the inadequacy or lack of connecting public or private improvements.

(b)

Whenever it is deemed necessary by the city to defer the construction of any public or private improvements required herein because of incompatible grades, future planning, inadequate or lack of connecting public or private improvements, or for other reasons, the subdivider will pay his estimated share of the cost of the future improvements to the city prior to the signing of the final plat, or the subdivider may post a letter of credit insuring completion of the improvements upon demand of the city.

Subd. 14.

Issuance of building permits and certificates of occupancy.

(a)

When public and/or private improvements are required for a subdivision, building permits and certificates of occupancy may be issued subject only to the approval of the city council and will be provided for in the subdivider's agreement.

(b)

Building permits will not be issued to any lot which lot has access only onto proposed public or private street unless such street has been improved to the point so that it is adequate as determined by the city engineer, for vehicular access by the prospective occupant, by police and fire department and emergency vehicles.

(c)

In no case will a certificate of occupancy be issued to any building on any lot in the subdivision, which lot has access only on a new public or private street until a certificate of satisfactory completion has been issued for that public or private street. Allowances other than provided in this section must be approved by the city council and be documented within the subdivider's agreement.

Subd. 15.

Consumer protection legislation and conflicts of interest statutes.

(a)

No building permit or certificate of occupancy will be granted or issued if the subdivider will have violated any federal, state, or local law pertaining to consumer protection of real estate land sales, promotion, or practices, or any applicable conflicts-of-interest legislation with respect to the lot or parcel of land which is the subject of the permit or certificate, until so ordered by a court of competent jurisdiction.

(b)

With respect to the lot or parcel of land, in the event a building permit or certificate of occupancy has been granted or issued, it will be subject to a revocation by the city until so ordered otherwise by a court of competent jurisdiction.

(c)

Any violation of a federal, state, or local consumer protection law (including but not limited to: Postal Reorganization Act of 1970; the Federal Trade Commission Act of 1970; Interstate Land Sales Full Disclosure Act; the Truth in Lending Act; the Uniform Commercial Credit Code; state "Blue Sky" laws; state subdivision disclosures acts) or conflicts of interest statute, law, or ordinance will be deemed a violation of this section and subject to all of the penalties and proceedings as set forth herein.