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

The following shall be exempt from the foregoing requirements:

Subd. 1.

Agricultural uses in the FRD Zoning District, with the exception of nurseries, greenhouses, landscape gardening and tree farms.

Subd. 2.

Single family detached dwellings.

Subd. 3.

Two family attached dwellings.

(Amended by Ord. No. 2000-06, 02/29/00)

Subd. 1.

Prior to the formulation of a site plan, potential applicants may present a sketch to the Zoning Administrator prior to filing of a formal application. The sketch may be conceptual and may include the following related materials:

(a)

A scale drawing of the proposed site with reference to existing development within 200 feet of adjacent properties.

(b)

General location of proposed structures.

(c)

Tentative street arrangements, both public and private.

(d)

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

(e)

General location of parking areas.

(f)

Proposed public sanitary sewer, water and storm drainage.

(g)

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

(h)

Extent of and any proposed modifications to land within the Special Protection Districts as described and regulated in Sections 21660, 21665, and 21670 of this Chapter.

(i)

Topographic contours at two foot intervals.

(j)

Wetland delineation.

(k)

Proposed general schedule of development.

(l)

Information on the proposed developer.

(m)

Other information or materials useful in reviewing the sketch.

(n)

Letter of concurrence from landowner.

Subd. 2.

The Zoning Administrator shall review the sketch and provide informal comments. The Zoning Administrator shall have the prerogative and authority to refer the sketch to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided on the sketch by the Zoning Administrator, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision.

Subd. 3.

Requests for pre-application sketch review shall be submitted to the Zoning Administrator. The sketch shall be accompanied by a fee and a cash escrow as set forth in the City Code. Costs of City time and materials expended in reviewing and processing the sketch shall be charged against the cash escrow account and credited to the City. If, at any time, the balance in the cash escrow account is depleted to less than ten percent of the originally required cash escrow amount, the project proposer shall deposit additional funds in the cash escrow account as determined by the Zoning Administrator. Any balance remaining in the cash escrow account upon completion of the pre-application sketch review process shall be returned to the project proposer after all claims and charges thereto have been deducted. The sketch shall also be accompanied by written and graphic materials, the number, size, and format as prescribed by the Zoning Administrator, describing the proposed change, development, or use. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

Subd. 4.

If the sketch is to be reviewed by the Planning Commission and/or City Council, as determined by the Zoning Administrator, the Zoning Administrator shall cause a notice of the sketch review to be mailed to all owners of land within a specified distance of the boundary of the property in question. The specified distance shall be consistent with the greatest distance required for the applications that the proposed development would require. If the item is presented to the Planning Commission only, or to both the Planning Commission and City Council, a mailed notice shall be sent at least ten days prior to the Planning Commission meeting. If the item is presented to the City Council only, a mailed notice shall be sent at least ten days prior to the City Council meeting. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Chapter.

(Amended by Ord. No. 2000-28, 07/11/00; Ord. No. 2004-02, 01/13/04; Ord. No. 2010-21, 11/23/10; Ord. No. 2011-05, 02/22/11; Ord. No. 2019-01, 02/12/19)

Subd. 1.

Qualification. Site plans may be classified as minor projects and may be administratively approved by the Zoning Administrator in lieu of Planning Commission review and City Council approval only for sites which meet the following criteria, except as otherwise expressly provided by this Chapter:

(a)

Sites shall be in non-residential zoning districts, including those within planned unit developments, and shall not be within 200 feet of any residentially used or zoned property other than vacant property in the Future Restricted Development District which the Land Use Guide Plan classifies as non-residential.

(b)

All sites must be legal parcels of record at the time of application.

(c)

All applications for site plan approval must be complete and in full accordance with the requirements of this Chapter. All applicable fees shall be paid.

(d)

All development proposals and site plan layouts must meet or exceed the standards of all applicable codes, ordinances, and policies and must be free of any major variances from those standards.

(e)

Only applications for uses explicitly classified as permitted uses within the respective zoning districts of this Chapter are eligible for administrative approval.

Subd. 2.

Procedures. Pursuant to Minnesota Statutes 15.99, an application for site plan approval shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period. Additional City requirements for administrative approval of eligible site plans shall be as follows:

(a)

Requests for site plan approval, as provided within this Chapter, shall be filed with the Zoning Administrator on an official application form. The applicant's signature shall be provided on the application form. Additionally, if the applicant is not the fee owner of the property, the fee owner's signature shall also be provided on the application form, or the applicant shall provide separate written and signed authorization for the application from the fee owner. Applications shall be accompanied by a fee as set forth in the City Code. Such applications that include: 1) a new building; or 2) a building addition that expands the gross floor area of an existing building by more than 50 percent or 25,000 square feet, whichever is greater; or 3) other changes that require a site plan amendment (e.g., parking lot expansion, additional lighting), shall be accompanied by a fee and cash escrow as set forth in the City Code for a major site plan amendment. Costs of City time and materials expended in reviewing and processing the application shall be charged against the cash escrow account and credited to the City. If, at any time, the balance in the cash escrow account is depleted to less than ten percent of the originally required cash escrow amount, the applicant shall deposit additional funds in the cash escrow account as determined by the Zoning Administrator. Any balance remaining in the cash escrow account upon completion of the site plan review process shall be returned to the applicant after all claims and charges thereto have been deducted. The application shall also be accompanied by detailed written and graphic materials, the number, size, and format as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

(b)

Plan review will be in accordance with established procedures including the coordinated review by other City departments and divisions as determined by the Zoning Administrator.

(c)

Site plans involving properties within approved planned unit developments shall be subject to applicable evaluation criteria in Section 21015.04 of this Chapter.

(d)

Any major variance proposal will automatically require the entire application to be processed in accordance with the Planning Commission review and City Council approval provisions of this Section.

(e)

Administrative approval including all applicable conditions and requirements shall be made in writing by the Zoning Administrator, and the applicant, in addition to all other applicable requirements, shall submit a written acknowledgment of that approval prior to the commencement of any development and prior to the issuance of any permits.

(f)

Any unresolved dispute as to administrative interpretation of City Code, ordinance, or policy requirements may be formally appealed pursuant to Section 21035 of this Chapter.

Subd. 3.

Certification of Taxes Paid. Prior to approving an application for a minor project, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the minor project application relates.

(Amended by Ord. No. 2004-02, 01/13/04; Ord. No. 2006-04, 02/07/06; Ord. No. 2008-09, 03/25/08; Ord. No. 2019-01, 02/12/19; Ord. No. 2020-11, § 5, 10/13/2020; Ord. No. 2022-10, § 3, 8/16/2022)

Subd. 1.

Qualifications. Any project not classified or qualifying as a minor project shall be classified as a major project.

Subd. 2.

Procedures. Pursuant to Minnesota Statutes 15.99, an application for site plan approval shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period. Additional City requirements are as follows:

(a)

Requests for site plan approval, as provided within this Chapter, shall be filed with the Zoning Administrator on an official application form. The applicant's signature shall be provided on the application form. Additionally, if the applicant is not the fee owner of the property, the fee owner's signature shall also be provided on the application form, or the applicant shall provide separate written and signed authorization for the application from the fee owner. Such application shall be accompanied by a fee and a cash escrow as set forth in the City Code. Costs of City time and materials expended in reviewing and processing the application shall be charged against the cash escrow account and credited to the City. If, at any time, the balance in the cash escrow account is depleted to less than ten percent of the originally required cash escrow amount, the applicant shall deposit additional funds in the cash escrow account as determined by the Zoning Administrator. Any balance remaining in the cash escrow account upon completion of the site plan review process shall be returned to the applicant after all claims and charges thereto have been deducted. Such application shall also be accompanied by detailed written and graphic materials, the number, size, and format as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

(b)

Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall: 1) instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Planning Commission and the City Council; and 2) cause a notice of the application to be mailed to all owners of land within 200 feet of the boundary of the property in question, at least ten days prior to the Planning Commission meeting. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Chapter.

(c)

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

(d)

The applicant or a representative thereof may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.

(e)

The Planning Commission shall recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this Chapter.

(f)

The City Council shall not consider a site plan application until they have received a report and recommendation from the Planning Commission. If, however, the Planning Commission has not acted upon the request after 60 days from the first regular meeting at which the request was considered, the City Council may proceed with its considerations and action on the request.

(g)

Upon receiving the report and recommendation of the Planning Commission, the City Manager shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.

(h)

The applicant or a representative thereof may appear before the City Council in order to present information and answer questions concerning the proposed request.

(i)

Approval of such request shall require passage by a majority vote of the entire City Council.

Subd. 3.

Certification of Taxes Paid. Prior to approving an application for a major project, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the major project application relates.

(Amended by Ord. No. 2004-02, 01/13/04; Ord. No. 2008-09, 03/25/08; Ord. No. 2010-21, 11/23/10; Ord. No. 2019-01, 02/12/19)

The Planning Commission and City Council shall evaluate the effects of the proposed site plans. This review shall be based upon, but not be limited to, compliance with the City Comprehensive Plan and provisions of the Zoning Ordinance.

The information required for all site plan applications generally consists of the following items, and shall be submitted when requested and specified by the Zoning Administrator.

Subd. 1.

Site Plan.

(a)

Name and address of developer/owner.

(b)

Name and address of architect/designer.

(c)

Date of plan preparation.

(d)

Dates and description of all revisions.

(e)

Name of project or development.

(f)

Scale of plan (engineering scale only, at one inch equals 50 feet or less).

(g)

North point indication.

(h)

Lot dimension and area.

(i)

Required and proposed setbacks.

(j)

Location, setback and dimension of all buildings on the lot including both existing and proposed structures.

(k)

Contours, streets, utilities, and structures located within 100 feet of the exterior boundaries of the property in question.

(l)

Location, number, and dimensions of existing and proposed parking spaces.

(m)

Location, number, and dimensions of existing and proposed loading spaces

(n)

Curb cuts, driveways.

(o)

Vehicular circulation.

(p)

Sidewalks, walkways.

(q)

Lighting Plan. The plan shall depict all exterior lighting for the development and must include:

(1)

Lighting zone assignment(s).

(2)

Location of all exterior lighting by type.

(3)

Description, including but not limited to catalog cut sheets by manufacturers and drawings, of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices proposed.

(4)

Mounting height of all luminaires.

(5)

Hours of illumination.

(6)

Photometric data, such as that furnished by manufacturers showing initial luminaire lumens, color-rendering index (CRI), correlated color temperature (CCT) and BUG rating, for each exterior luminaire.

(7)

Calculations providing proposed and allowed lumens per square foot of hardscape, including calculations addressing the proposed and allowed additional allowances for sales and service facilities.

(8)

Signature of registered engineer or certified lighting professional who prepared the plan.

(r)

Location of recreational and service areas.

(s)

Location of rooftop equipment and proposed screening.

(t)

Provisions for storage and disposal of waste, garbage, and recyclables.

(u)

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

Subd. 2.

Grading/Storm Water Drainage Plan.

(a)

Name and address of developer/owner.

(b)

Name and address of architect/designer.

(c)

Date of plan preparation.

(d)

Dates and description of all revisions.

(e)

Name of project or development.

(f)

Scale of plan (engineering scale only, at one inch equals 50 feet or less).

(g)

North point indication.

(h)

Existing contours at two foot intervals.

(i)

Proposed grade elevations, two foot maximum intervals.

(j)

Drainage plan including configuration of drainage areas and calculations.

(k)

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

(l)

Spot elevations.

(m)

Proposed driveway grades.

(n)

Permanent stormwater management system designs, including calculations, that meet the City's Water Quality Design Standards and the Minnesota Pollution Control Agency's General Permit to Discharge Stormwater Associated with Small Municipal Separate Storm Sewer Systems No. MNR040000.

(o)

Erosion and sediment controls and waste controls meeting the requirements of the Minnesota Pollution Control Agency's General Permit to Discharge Stormwater Associated with Construction Activity Permit No. MN R100001.

Subd. 3.

Landscape Plan.

(a)

Name and address of developer/owner.

(b)

Name and address of architect/designer.

(c)

Date of plan preparation.

(d)

Dates and description of all revisions.

(e)

Name of project or development.

(f)

Scale of plan (engineering scale only, at one inch equals 50 feet or less).

(g)

North point indication.

(h)

Planting Schedule (table) containing:

(1)

Symbols.

(2)

Quantities.

(3)

Common names.

(4)

Botanical names.

(5)

Sizes of plant material.

(6)

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

(7)

Special planting instructions.

(i)

Tree preservation plan and reforestation plan, as may be applicable pursuant to Chapter V of the City Code.

(j)

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

(k)

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

(l)

Typical sections of landscape islands and planter beds with identification of materials used.

(m)

Details of planting beds and foundation plantings.

(n)

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

(o)

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

(p)

Coverage plan for underground irrigation system, if any.

(q)

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

(r)

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

Subd. 4.

Other Plans and Information. (May be submitted in combination pursuant to approval by the Zoning Administrator)

(a)

Legal description of property under consideration.

(b)

Proof of ownership of the land for which a site plan approval has been requested.

(c)

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

(d)

"Typical" floor plan and "typical" room plan.

(e)

Fire Protection Plan.

(f)

Extent of and any proposed modifications to land within the Wetland, Shoreland or Floodplain District as described and regulated in Sections 21660, 21665, and 21670 of this Chapter.

(g)

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

(h)

Certification that all property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the application relates have been paid.

(i)

Sound source control plan.

(j)

Certified survey by a Registered Land Surveyor.

(k)

Transportation demand management (TDM) program for any new office or industrial building that would result in 100 or more employees on the site, and for any existing office or industrial building that would be converted or expanded in a manner that would result in 100 or more total employees on the site.

(l)

Air dispersion modeling with any application involving storage containment of hazardous materials identified on the Environmental Protection Agency's consolidated lists of chemicals subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) and Section 112 (r) of the Clean Air Act. Air dispersion modeling for hazardous materials not included above may be required based upon the type, quantity, or storage method of such hazardous material.

(Amended by Ord. No. 2002-02, 01/22/02; Ord. No. 2004-30, 11/23/04; Ord. No. 2005-01, 01/11/05; Ord. No. 2006-04, 02/07/06; Ord. No. 2013-27, 10/22/13; Ord. No. 2015-15, 05/26/15; Ord. No. 2019-16, § 2, 9/10/2019; Ord. No. 2022-10, § 4, 8/16/2022)

Subd. 1.

Qualifications. Proposed minor structural additions involving ten percent or less of the total existing floor area and proposed minor site modifications involving ten percent or less of the total existing site area which meet all ordinance requirements may be approved by the Zoning Administrator prior to a building permit being issued and shall not require Planning Commission or Council review, subject to the following:

(a)

This Section shall apply to minor additions or minor site modifications (as described above) to previously-approved site plans, regardless of proximity to residential property, provided there is full compliance with all regulations in this Chapter. This Section shall also apply to: 1) lighting maintenance of existing light standards and/or existing lighting fixtures with replacement of new light standards and/or new lighting fixtures in their current locations, regardless of proximity to residential property, provided there is full compliance with the City's lighting regulations; and 2) lighting expansion or changes (new lighting not previously on a site or relocated lighting), provided the site is not located within 200 feet of residential property, and there is full compliance with the City's lighting regulations.

(b)

Compliance with all Ordinance requirements shall be construed to include all adopted policies and codes.

(c)

Any major variances from Ordinance and policy requirements shall be subject to the established review and public meeting procedures for a major variance.

(d)

Plans submitted for minor structural additions or minor site alterations under the terms of this Section shall be the same as those required for site plan approval.

(e)

A copy of the plans approved under this Section shall be appropriately certified by the Zoning Administrator and placed on file with the City Council approved plans.

Subd. 2.

Procedures. A request for a plan modification, as provided within this Chapter, shall be filed with the Zoning Administrator on an official application form. The applicant's signature shall be provided on the application form. Additionally, if the applicant is not the fee owner of the property, the fee owner's signature shall also be provided on the application form, or the applicant shall provide separate written and signed authorization for the application from the fee owner. Such application shall be accompanied by a fee as set forth in the City Code. Pursuant to Minnesota Statutes 15.99, the application shall be approved or denied within 60 days from the date of its official and complete submission, unless extended pursuant to Statute or a time waiver is granted by the applicant. The Zoning Administrator shall provide the applicant with a written decision on the request. The decision may include conditions of approval.

(Amended by Ord. No. 2004-02, 01/13/04; Ord. No. 2009-07, 05/12/09; Ord. No. 2010-21, 11/23/10; Ord. No. 2019-01, 02/12/19; Ord. No. 2020-11, § 6, 10/13/2020; Ord. No. 2022-10, § 5, 8/16/2022)

Subd. 1.

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

Subd. 2.

A written request to extend the approval of a site plan for up to an additional one year shall be submitted to the Zoning Administrator not less than 30 days before the expiration of said approval. Such request for an extension shall include the following: 1) an explanation for why the improvements have not commenced, 2) what, if any, good faith efforts have been made to commence the project, 3) additional time requested and anticipated project completion date, and 4) the signature of the applicant and property owner. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. A request pertaining to a major project involving a longer period of time than one year or a second request for a time extension of a major project shall be presented to the City Council for a decision. Additional requests for a time extension of a minor project may be approved by the Zoning Administrator, subject to the same procedures established for the first time extension as outlined above.

Subd. 3.

In making its determination on whether an applicant has made a good faith attempt to complete the improvements shown on the approved site plan, the Zoning Administrator or the City Council, as applicable, shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

(Amended by Ord. No. 2008-09, 03/25/08; Ord. No. 2009-07, 05/12/09; Ord. No. 2010-01, 02/23/10; Ord. No. 2012-05, 02/28/12; Ord. No. 2019-01, 02/12/19)

Following the approval of the site plan required by this Chapter and before issuance of a building permit, the applicant, as may be applicable, shall guarantee to the City the completion of all exterior amenities as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site improvement performance agreement (SIPA) and a financial guarantee as provided below:

Subd. 1.

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

Subd. 2.

The required work includes, but is not limited to, private exterior amenities such as landscaping, private driveways, parking areas, recreational fields and their related structures, drainage systems, sidewalks, retaining walls, utility service, water quality ponds, wetland mitigation, wetland buffers, stream buffers, erosion control, curbing, fences and screening, and other similar facilities. The required work shall also include all aspects of a tree preservation plan and reforestation plan, if applicable.

Subd. 3.

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

(a)

Financial guarantees acceptable to the City include cash escrow; an Irrevocable Letter of Credit; or other financial instruments which provide equivalent assurance to the City and which are approved by the Zoning Administrator.

(b)

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

(c)

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

(d)

The amount of the financial guarantee shall be established by the Zoning Administrator based upon an itemized estimate of the cost of all required work. A cash deposit or Irrevocable Letter of Credit shall be in the amount of 40 percent of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the Zoning Administrator.

(e)

The applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements which comprise the work.

Subd. 4.

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

Subd. 5.

At the time of execution of the agreement and prior to the issuance of building permits, the applicant shall provide to the City of Plymouth a cash escrow to pay for the costs of administering the site improvement performance agreement. Administrative costs include but are not limited to preparation of the agreement, City recording fees for documents required as part of the project, monitoring of construction observation, consultation with the applicant and his/her engineer on status or problems regarding the project, plan review, final inspection and acceptance, and processing requests for reductions or release of the financial guarantee. The cash escrow shall equal two percent of the estimated cost of proposed improvements, as identified in the agreement, to a maximum amount of $5,000.00. Administrative costs shall be charged against the cash escrow account and credited to the City. If, at any time prior to completion of the site improvement performance agreement administration process, the balance in the cash escrow account is depleted to less than ten percent of the originally required cash escrow amount, the applicant shall deposit additional funds in the cash escrow account as determined by the Zoning Administrator. Any balance remaining in the cash escrow account upon completion of the site improvement performance agreement administration process shall be returned to the applicant after all claims and charges thereto have been deducted.

Subd. 6.

In addition to completion of all required site improvements, a full refund or full release of the financial guarantee shall not occur until the applicant has furnished the City with the applicable record drawings, in accordance with the City's Engineering Guidelines.

Subd. 7.

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

(Amended by Ord. No. 2002-02, 01/22/02; Ord. No. 2007-05, 01/23/07; Ord. No. 2010-01, 02/23/10; Ord. No. 2010-21, 11/23/10; Ord. No. 2011-22, 07/26/11; Ord. No. 2019-16, § 3, 9/10/2019; Ord. No. 2025-02, §§ 6, 7, 3/25/2025)

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

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

The Zoning Administrator shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this section has been officially documented by the Building Official.