The purpose of these off-site development standards is:

A.

To protect and promote the public health, safety and general welfare.

B.

To provide for the orderly, economic and safe development of land.

C.

To preserve agricultural lands.

D.

To promote the availability of housing affordable to persons and families of all income levels.

E.

To facilitate adequate provisions for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities.

A.

The arrangement, character, extent, width and location of streets shall conform to the Comprehensive Plan, the approved standard street sections and all applicable ordinances, and shall be considered in their relation to existing and planned streets, reasonable circulation of traffic, topographical conditions, runoff of stormwater, public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served.

B.

Street right-of-way widths shall be as shown in the Comprehensive Plan and where not shown shall be no less than the dimensions indicated in Table 19-1: Right-of-Way Widths.

C.

The Planning Commission and City Council may require right-of-way widths in excess of that shown in Table 19-1 if and when additional right-of-way is deemed necessary to satisfy the transportation needs of the proposed subdivision. The Planning Commission and City Council may also require a right-of-way width that is less than shown in Table 19-1 if and when it is deemed necessary to satisfy or achieve an outcome provided for in a City goal, policy or ordinance (e.g., affordable housing initiatives, natural resource protection).

D.

Street intersections, insofar as practical, shall be at right angles.

E.

Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided.

F.

A tangent of at least one hundred (100) feet long shall be introduced between reverse curves on arterial and collector streets, and fifty (50) feet on other streets.

G.

Where horizontal street lines within a block deflect from each other at any one point more than ten degrees (10°), there shall be a connecting curve with a radius adequate to insure a sight distance of not less than two hundred (200) feet for minor and collector streets, and of such greater radii as the Planning Commission shall determine for special cases.

H.

Property lines of street intersections shall be rounded with a radius of at least twenty (20) feet or with comparable cutoffs or chords in place of rounded corners.

I.

Proposed centerline grades of streets and alleys shall be shown. Street grades, wherever feasible, shall not exceed seven percent (7%), and in no case shall they be less than four-tenths percent (0.4%).

J.

Different connecting street gradients shall be connected with vertical parabolic curves. Minimum length in feet of these curves for collector streets shall be twenty-eight (28) times the algebraic difference in the percent of grade of the two adjacent slopes. For local streets, the minimum length shall be fifteen (15) times the algebraic difference in the percent of grade of the two adjacent slopes.

K.

Minor streets shall be so aligned that their use by through traffic will be discouraged.

L.

Cul-de-sac streets, designed to be so permanent, shall not be longer than six hundred (600) feet, measured along the centerline from the intersection of origin to end of right-of-way. Each cul-de-sac shall have a terminus of nearly circular shape with a minimum right-of-way diameter of one hundred (100) feet and a minimum outside roadway diameter of eighty (80) feet, unless otherwise approved. The property line at the intersection of the turnaround and the straight portion of the street shall be rounded at a radius of not less than twenty (20) feet.

M.

Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with other requirements of these regulations and where the Planning Commission finds that it will be practical to require the dedication of the other half when the adjoining property is subdivided.

N.

Streets that dead end at the property line of the tract shall be allowed only as a temporary measure to facilitate the future continuation of the street, when the adjoining property is subdivided or improved.

O.

Within the Scenic Rivers District, a conditional use permit shall be required for any construction or reconstruction of public roads. Such construction or reconstruction shall be subject to the standards and criteria of Natural Resources Regulations NR79(j)(2). A conditional use permit is not required for minor public streets, which are streets intended to serve primarily as an access to abutting properties.

P.

Within the Floodplain Overlay District, railroad tracks, roads and bridges located within the floodplain shall comply with the requirements of the FW and FF Districts. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety, or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

A.

The full width of the right-of-way shall be graded, including the stabilized gravel base of the areas to be paved.

B.

Street pavement, curb and gutter, and sidewalks shall be installed covering all streets in the subdivision.

A.

The intent of this section is to create a comprehensive and fully interconnected public pedestrian system consistent with the Comprehensive Plan and Complete Streets Policy.

B.

At the time of initial installation of any roadway sidewalk shall be installed along both sides of the roadway. In the event that an off-street pedestrian facility such as a bike/pedestrian trail is contained as part of the land development sidewalk may be considered for deletion from one side of local residential streets. Sidewalk shall be installed along both sides of all collector and arterial roadways.

C.

At the time of reconstruction of an existing roadway any existing sidewalks shall be brought into compliance with current codes and any missing segments of adjacent sidewalk shall be constructed. Sidewalk shall be installed along both sides of collector and arterial roadways concurrently with reconstruction of the roadway. Sidewalk shall be installed along at least one side of all other roadways with the exception of cul-de-sacs less than 200 feet in length.

D.

Sidewalk location will be dependent upon the available right-of-way as well as physical conditions of the available right-of-way. Where ever possible a minimum boulevard width of 5 feet shall be maintained to provide for snow storage, establishment of turf and tree planting. When the minimum 5-foot boulevard width cannot be achieved a 2-foot hard surface boulevard and 5-foot sidewalk may be installed to the back of curb.

E.

Minimum widths for sidewalks separated from the roadway via boulevard are established at 5 feet adjacent to residential properties and 6 feet adjacent to commercial and industrially zoned properties.

F.

The adjacent properties shall be assessed the full cost associated with the installation of sidewalk when sidewalk is installed concurrently with the initial installation of the roadway. When sidewalk is installed concurrently with a roadway reconstruction project commercial and industrially zoned properties shall be assessed the full cost associated with the installation of the sidewalk. When sidewalk is either reconstructed and/or installed for the first time concurrently with a roadway reconstruction project there will be no assessments levied against abutting residentially zoned properties.

A.

Street Grades

The proposed centerline elevation, calculated to the nearest one-half (0.5) foot, shall be shown at street intersections, at the center point of cul-de-sacs, at relative high and low points, and at two hundred (200) foot intervals (maximum) along all street and alley segments. The direction of slope and percent grade shall be shown between street and alley elevation points.

B.

Lot Grading Plan

The proposed grading and direction of slope of each lot shall be shown. The entire area of each lot must be sloped to drain to an adjoining public street, wetland (subject to wetland regulations), water body, water course, drainage easement or other public drainage way. The direction of slope and percent grade shall be shown for any proposed drainage swales or easements.

C.

Slope of Driveways

The maximum permissible driveway slope, as measured from the proposed garage floor to the proposed ground elevation at the street right-of-way line, shall be ten percent (10%), unless otherwise approved by the City Engineer or designee.

A.

Easements for utilities and drainage shall be provided at least ten (10) feet wide along the front lot line, and at least five (5) feet wide alongside and rear lot lines. If necessary for the extension of water main, sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots. Easements shall have continuity of alignment from block to block and at deflection points. Easements for poleline anchors shall be provided.

B.

Where a subdivision is traversed or occupied by a watercourse, water body, wetland, drainage way, channel or stream, a stormwater easement or drainage right-of-way conforming substantially with the lines of such water courses shall be provided, together with such further width or construction, or both, as will be adequate for the stormwater drainage of the area.

C.

Within the Shoreland Overlay District, when a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.

The maximum length of blocks shall be one thousand eight hundred (1,800) feet. Blocks over nine hundred (900) feet long may require pedestrian ways at least ten (10) feet wide at their approximate centers. The use of additional access ways to schools, parks and other destinations may be required.

Lot size, dimensions and design requirements shall conform with the requirements in this Code.

A.

All residential subdivisions shall dedicate land for public use, such as parks, playgrounds, open spaces, natural sites or other uses, according to the following schedule, except for plats that create a maximum of two (2) lots and that already have one (1) existing single-family home on the property, the park fee shall not be required for the lot with the single-family home. The plans shall be reviewed by the Parks Department.

1.

Single-Family Development: Six hundred ten (610) square feet per lot.

2.

Two-Family or More Development: Four hundred eighty (480) square feet per lot.

B.

For subdivisions incorporating a mix of uses and/or densities, the public use areas shall be determined by applying the appropriate dedication requirement for each use listed in this section.

C.

Where a proposed public site or open space, as shown on the Comprehensive Plan, is located, in whole or in part, in a subdivision, the Planning Commission may require the dedication or reservation of such within the subdivision in those cases in which the Planning Commission deems such requirements to be reasonable.

D.

Land reserved for public sites and open spaces shall be of a character and location suitable for the intended use, as determined by the Planning Commission. Public sites and open spaces shall have a total frontage on one (1) or more streets of at least two hundred (200) feet, and no other dimension of the site shall be less than two hundred (200) feet in depth unless otherwise approved by the Planning Commission.

E.

Under Minn. Stats. § 462.358, subd. 2.b guidelines, in the event the Planning Commission determines a subdivision is too small, does not include a park area as shown on the Comprehensive Plan, and/or the need for funds to develop existing park land in the area is more important, the applicant shall pay to the City such sum of money as set out in Section 520:00 of City Code of Ordinances.

F.

The City Finance Director shall establish a separate fund into which all cash contributions received from applicants in lieu of conveyance of dedication of land for such public purposes shall be deposited. The deposit shall be used by the City for the acquisition of public sites and/or open space, or the development of parks and open space, that will be available to, and benefit the persons in, the subdivision for which payment was made.

G.

Property taxes due and payable on dedicated properties must be paid by subdivider prior to recording of the subdivision according to Minn. Stats. § 272-02.

A.

Sanitary sewers shall be installed to serve all properties in the subdivision where a connection to the City sewer system is available at the boundary of the subdivision.

B.

Individual sewage treatment systems may be accepted if the following conditions are met:

1.

The proposed subdivision does not constitute a premature subdivision.

2.

Public sewer facilities are not available to serve the proposed subdivision.

3.

Applicable minimum lot size standards are satisfied. The lot size requirement shall be based on the most stringent minimum lot area and width between this Code, and any other applicable ordinances of the City. If limiting factors are present, the area and width shall increase. Limiting factors are defined as:

a.

Percolation rate of less than one-tenth (0.10) minute per inch, or sixty-one (61) to one hundred twenty (120) or more minutes per inch.

b.

Mottled soil or water table depth.

c.

Bedrock depth.

d.

Slope of the treatment area.

e.

Table 19-2: Limiting Factors describes the area and width requirements based on limiting factors.

4.

The lot shall contain sufficient area for two (2) soil treatment areas and comply with all requirements of Minnesota Rule 7080. For the purpose of platting smaller lots and to comply with this section, additional adjoining lots may be used to satisfy the area and width requirements provided they are under single ownership and may not be detached until public sewer facilities are available.

C.

Within the Floodplain Overlay District, where public utilities are not provided, new or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters, and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance.

A.

Where a connection to the City water system is presently available at the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be installed to serve all properties within the subdivision.

B.

Within the Floodplain Overlay District, where public utilities are not provided, on-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the system.

A.

Storm drains shall be constructed to serve all properties in the subdivision where a connection to the public storm sewer system is available at the boundary of the subdivision.

B.

Where public storm sewer system is not available at the boundary of the subdivision, or where the introduction of said public system is deemed inappropriate by the City Council, provisions for stormwater drainage shall be accomplished in accordance with the requirements of the City Engineer or designee and the St. Cloud Drainage Plan.

C.

Post Construction Stormwater Standards:

1.

The following post construction stormwater standards shall be met as described below:

a.

Treat the water quality volume, calculated as an instantaneous volume, on any project where the sum of the new impervious surface and the fully reconstructed impervious surface equals one (1) or more acres.

i.

For non-linear projects, water quality volume must be calculated as one (1) inch times the sum of the new and fully reconstructed impervious surface.

ii.

For linear projects, water quality volume must be calculated as the larger of one (1) inch times the new impervious surface or one-half (0.5) inch times the sum of the new and the fully reconstructed imperious surface.

b.

Treat the water quality volume, calculated as an instantaneous volume, on any project where the sum of the new impervious surface and the fully reconstructed impervious surface equals one-half acre (½) or more but is less than one (1) acre.

i.

Water quality volume must calculated as one-half (0.5) inch times the new impervious surface and one-quarter (¼) inch times the fully reconstructed impervious surface.

* Larger of 1" times the new impervious surface or ½" times the sum of the new and the fully reconstructed impervious surface.

c.

Volume reduction practices (e.g., infiltration or other) to retain the required water quality volume on-site according to table 19-3 must be considered first when designing the permanent stormwater treatment system. Wet sedimentation basins and filtration systems are not considered volume reduction practices.

d.

Prior to the start of construction activity, all stormwater design calculations, specifications, site plans and supporting hydraulic modeling are subject to the review and approval of the City Engineer or its designee. Site plans must be submitted for review and confirmation that ordinance requirements have been met.

e.

Post-construction stormwater management best management practices must be designed with accepted engineering practices and meet design specifications and criteria as outlined and incorporated in Appendix F of this Code, Permanent Stormwater Design Checklist.

f.

As sites redevelop, the proposed site modifications must meet or exceed the water quality volume, stormwater quality and/or volume standards that were previously achieved.

2.

The following rate control standards shall be met as described below:

a.

In cases where the downstream conveyance system is a clearly defined man-made system of limited capacity, the allowable discharge will be limited to the prorated share of the property to the overall service area. Typically, this type of system will require the 100-year, post-development rate of discharge to be equal or less than the 5-year, post-development rate of discharge, but it may be considerably less with no correlation to a given rainfall event frequency.

b.

In cases where the downstream conveyance system is a natural system, features shall be incorporated into the stormwater management plan to meet the following requirements: 100-year, post-development rate of discharge to be equal or less than the 10-year, pre-development rate of discharge.

c.

For receiving systems where rates are of limited concern, the rate of discharge after development/being fully reconstructed must be equal or less than the existing rate of discharge for the following rainfall events: 2-yr., 10-yr., 100-yr.

3.

Property owner shall maintain all stormwater facilities in proper condition consistent with the performance standards for which they were originally designed.

D.

Post Construction Stormwater Standards, Exceptions and Mitigation

1.

For linear projects, where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater during the project planning process must be made. Volume reduction practices must be considered first but are not required if the practices cannot be provided cost effectively. If additional right-of-way, easements, or other permission cannot be obtained, the owner/operator of the construction activity must maximize the treatment of the water quality volume prior to discharge from the City's MS4.

2.

For non-linear projects, where the water quality volume cannot cost effectively be treated on the site of the original construction activity, the remaining water quality volume must be addressed through off-site treatment and meet the following requirements (must be selected in the following order of preference):

a.

Locations that yield benefits to the same receiving water that receives runoff from the original construction activity.

b.

Locations within the same DNR catchment area as the original construction activity.

c.

Locations in the next adjacent DNR catchment area up-stream.

d.

Locations anywhere within the City's jurisdiction.

3.

Off-site treatment projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. Routine maintenance of structural stormwater BMPs owned or operated by the City cannot be used to meet this requirement.

4.

Off-site treatment projects must be completed no later than 24 months after the start of the original construction activity.

5.

The owner and/or operator may provide payment to the City's Stormwater Impact Fund as a last option to meet water quality volume requirements of the original construction activity in lieu of off-site treatment.

6.

The owner and/or operator of a construction activity must provide appropriate documentation for review and approval by the City Engineer or designee as support for on-site treatment exceptions and/or mitigation provisions.

E.

Post Construction Maintenance and Inspections of Structural Stormwater BMPs

Any structural stormwater BMP that the City determines to be private shall meet the following requirements:

1.

A permanent public easement shall be provided to the City for access for inspection and/or maintenance purposes. Costs incurred by the City for any maintenance of private systems will be billed and/or assessed to the owner per Article 19, Section 19.12.G, Violations and Enforcement.

2.

The owner shall enter into a recorded Maintenance Agreement with the City. The agreement shall include as an attachment an inspection and maintenance plan. The terms and conditions of the Maintenance Agreement with attachments shall be binding upon and shall insure to the benefit of the parties and their respective successors and assigns.

3.

The permanent public easement and Maintenance Agreement shall be recorded with the County Recorder or Registrar of Titles in the respective County where the Structural Stormwater BMP is located. A copy of the recorded permanent public easement and Maintenance Agreement shall be provided to the City prior to the certificate of occupancy or one (1) year after the site's land disturbance permit is approved, whichever comes later.

4.

The inspection and maintenance plan shall be developed, approved, and included as an attachment with the Maintenance Agreement. At a minimum, maintenance plans must include the following information:

a.

Responsible person(s) for completing inspections and conducting maintenance;

b.

Frequency of inspections of maintenance; and

c.

Inspection checklist and type of maintenance anticipated.

5.

If site configurations or structural stormwater BMPs change, decreasing BMP effectiveness, new or improved structural stormwater BMPs must be designed and implemented to meet the requirements of this section. New and/or improved BMP plans must be submitted to the City Engineer or designee for review and approval.

6.

The property owner shall maintain all structural stormwater BMPs in proper condition consistent with the performance standards for which they were originally designed.

7.

The property owner shall keep on file all structural stormwater BMP annual inspection and maintenance records for 5 years and submit to the City as requested.

F.

Public Structural Stormwater BMPs and Drainage Easements

Alterations affecting the function of a public structural BMP, and/or drainage easement, must be approved by the City Engineer or designee.

G.

Violations and Enforcement

This section only applies to violations related to Article 19, Section 19.12, Drainage Improvements, of the Land Development Code, incorporated Appendices and the recorded Easements, Maintenance Agreements and plans for private structural stormwater BMPs.

1.

Violation Enforcement

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Code Article 19, Section 19.12, incorporated Appendices and recorded Maintenance Agreement. Any person who has violated or continues to violate the provisions of Article 19, Section 19.12.

a.

Immediate Danger

Whenever in the judgment of the Public Utilities Director or designee charged with enforcement, it is determined upon investigation the violation constitutes an immediate danger to the public health or public safety, an administrative citation may immediately be issued to the property owner and/or abatement of the violation initiated. In other instances where an immediate public health or safety threat does not exist, the enforcement official may issue a notice and order to correct pursuant to St. Cloud City Ordinance Section 1100, subd. 4.

b.

Notification

Upon the issuance of an immediate administrative citation, the Public Utilities Director or designee will also send written notification of the violation to the person committing or maintaining the violation and require the person to terminate and abate the violation within 24 hours or such other period specified by the enforcement official. The written notice will be served upon the person committing or maintaining the violation in person or by first class mail, or if unknown, then by posting a copy of the notice on the site.

2.

Abatement of Violation

If the violation is not corrected as described in the notice and order to correct, the abatement of the violation will be under the direction of the Public Utilities Director, or designee. The expenses for the abatement will include a $75.00 administrative fee in addition to the actual costs of the abatement. Abatement actions that require the presence of City staff for more than one hour during the abatement or other extraordinary coordination efforts will be billed to the property owner at the rate of $60.00 per hour. If abatement expenses are not paid, they will be levied against the property as a special assessment and collected as in the case of other special assessments.

A $50.00 charge will be added to all accounts certified to the County Auditor's office for collection. This fee is to be considered separate and distinct from any penalty or interest that may be charged by the County as a result of the certification.

3.

Penalties

Any person who is found to have violated any provision of this Code Article 19, Section 19.12, or permits, agreements, and orders issued hereunder, shall be fined in an amount not to exceed $1,000.00 per violation. Each calendar day on which noncompliance shall occur or continue shall be deemed a separate distinct violation. Unpaid charges, fines and penalties shall constitute a lien against the subject property. Users desiring to dispute such fines must file a request pursuant to the administrative hearing procedure established in St. Cloud City Ordinance § 1100, Sec. 12 which is incorporated herein by reference.

4.

Costs

In addition to the penalties provided herein, the City may recover court costs, court reporter's fees and other expenses of litigation by an appropriate action against the person found to have violated this Code Article 19, Section 19.12 shall become liable to the City for any expense, loss or damage. The Public Utilities Director may add to the violator's charges and fees, the costs assessed for any cleaning, repair or replacement work caused by the violation or discharge. Additional inspections caused by noncompliance will be billed to the affected property owner at 2.5 times the base hourly salary of the inspector.

A.

All land disturbing activities are subject to the City's erosion and sediment control requirements located in the Stormwater System Use Code Ordinance, Section 365. A City Land Disturbance Permit must be obtained as necessary.

B.

Erosion and sediment control plan shall be developed for all land disturbing activities as needed and submitted for approval as part of the land disturbance permit review process. The Stormwater Compliance Specialist reviews all land disturbance permit applications.

C.

Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to, and maintained during, development. Dirt and soil must be retained on a construction site. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. When soil is exposed, the exposure shall be for the shortest feasible time.

A.

All electrical distribution systems, telephone transmission systems and community antenna television systems serving subdivisions which are platted pursuant to the provisions of this Code shall be installed underground, unless the City Council, by resolution, determines that one of the following applies:

1.

Such requirement would result in unnecessary duplication of facilities where the property to be served abuts an existing development already served by overhead facilities.

2.

Based upon engineering considerations, underground installation of such facilities is not feasible in a particular plat or in a portion thereof.

3.

That the size of the subdivision is too small to justify the underground installation of such facilities.

B.

All public utilities and facilities in the Floodplain Overlay District, such as gas, electrical, sewer and water supply systems, to be located in the floodplain shall be flood-proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation.

Street trees shall be planted in conformance with a planting plan and standards approved by the Parks Department.