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HomeMy WebLinkAboutOrd #248 - 3rd Ser/Amending the code of Ordinances pertaining to subdivisions ORDINANCE NO. 1K$,THIRD SERIES CITY OF ORONO HENNEPIN COUNTY,MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO SUBDIVSIONS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Chapter 82 shall be amended by deleting in its entirely and adding text to read as follows: Chapter 82- SUBDIVISION REGULATIONS ARTICLE I. -IN GENERAL Sec. 82-1. -Rules. (a) For the purpose of this chapter, certain numbers, abbreviations,terms and words used shall be used, interpreted, and defined as set forth in this article. (b) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged,or designed to be used or occupied." Sec. 82-2.- Definitions. The following words,terms and phrases,when used in this article, shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Applicant means any subdivider or their agent. 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 surety bond, warranty bond,penalty bond, collateral, property, or instrument of credit acceptable to the city. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel; and when the structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building. 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 chapter 78. Capital improvement program means an itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year,including public improvements in or related to air space and subsurface areas necessary for mined underground development pursuant to Minn. Stats. §§ 469.135-469.141, together with their estimated cost,the justification for each improvement,the impact Final Draft page I that such improvements will have on the current operating expense of the city, and such other information on capital improvements as may be pertinent. Community facilities plan 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. Community Management Plan means a compilation of policy statements, goals and 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 statements of policies,goals and standards, a land use plan,a transportation plan, a community facilities plan, a capital improvement program, an official map, a surface water management plan and a comprehensive sewer plan.The Community Management Plan is the City of Orono's Comprehensive Municipal Plan. Comprehensive sewer plan 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 as part of the subdivision in accordance with the requirements of the city or this chapter as a condition of the approval of the subdivision. Cul-de-sac means a local street with only one outlet and having an circular turnaround for the safe and convenient reversal of traffic movement. Density means the number of building sites per acre. Design standards means the specifications 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. Dry buildable land means that portion of the lot not encumbered by the waters of a duly recorded lake or river, Wetlands, Bluffs, or slopes greater than 18 percent. Easement means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of their property. Escrow means a deposit of cash with the city. Grade means the slope of a road, street or other public way, site or topography specified in percentage terms. 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 chapter,which improvement the city or subdivider shall construct at the subdivider's expense and for which the city will not assume any responsibility for its maintenance and operation and which shall not be dedicated to the city. Improvements,public, means any improvement required by this chapter,which improvement the city or subdivider shall construct at the 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. Final Draft page 2 Land use plan is a chapter of the Community Management Plan and means a combination of policy statements,goals, standards, 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 combination of such uses. A land use plan may also include the proposed densities for development. Lot means a tract,plot or portion of a subdivision or other parcel of land intended as a unit for the purpose,whether immediate or future, of transfer of ownership or for building development. Every platted lot shall be a Buildable Lot or an outlot. Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or wetland or area which has been dedicated as public right-of-way. Lot, back, means a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a back lot when the corridor is platted as an outlot.A separated lot is considered to be a flag lot when the corridor is platted as part of the lot. When the corridor is merely an easement over another lot,the separated lot is considered to be an easement back lot. Lot, buildable, means a lot or combination of lots or outlots which meet all of the requirements of chapter 78 and this chapter for the intended purpose. Lot, corner, means a lot situated at the junction of, and abutting on,two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street,the interior angle of which does not exceed 135 degrees Lot,front, means a lot abutting a public or private road across which an outlot has been platted for access to a back lot. Lot, outlot, means a lot depicted on a final plat which intended for open space preservation, access, future development or other use. . Lot width means the horizontal distance between side lot lines measured at the following locations: (1) For lots which do not abut a lake or tributary, at the rear of the required front yard, measured parallel to the front lot line. (2) For lots which abut a lake or tributary, at the shoreline measured in a straight line between the points at which the side lot lines intersect the OHWL, and at the required structure setback from the OHWL,measured in a straight line between the points of intersection of the side lot lines with the structure setback line. Natural feature means any naturally occurring physical phenomenon, including lakes, streams, flowage areas,marshland, wetlands, floodplains, slopes, unusual soil pockets,and rock outcroppings. Nonresidential subdivision means a subdivision for which the intended use is other than residential, such as commercial or industrial. Official controls and controls mean all provisions of this Code, ordinances and regulations which control the physical development of a city, county or town or any part or any detail,and implement the general objectives of the comprehensive plan. Official controls may include ordinances establishing zoning and subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Official map means a map adopted in accordance with Minn. Stat. § 462.359 which may show existing and proposed future streets,roads and highways of the city and county;the area needed for Final Draft page 3 widening of existing streets,roads and highways of the city and county; and existing and future county State aid highways and State trunk highway rights-of-way.An official map may also show the location of existing and future public land and facilities within the city. In counties in the metropolitan area as defined in Minn. Stat. § 473.121, official maps may for a period of up to five years designate the boundaries of areas reserved for purposes of soil conservation,water supply construction, flood control and surface water drainage and removal, including appropriate regulations protecting such areas against encroachment by buildings, other physical structures or facilities. 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. On-site septic manager means the person designated to administer and enforce chapter 58, article II. Outlot means the same as Lot, outlot. Owner means any person, partnership, corporation or any other legal entity having legal title to or sufficient proprietary interest in land sought to be subdivided under this chapter. Park commission means a body appointed by the council to study and consider the continuing needs of the city for parks and recreation areas. The commission shall report direct to the council, may hold joint meetings with the council, and may hold public hearings to determine public sentiment and make recommendations to the council. Park fund means a special fund established by the city to retain monies contributed by a subdivider in lieu of land in accordance with provisions of this chapter. 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 statute and this chapter,which plat will be recorded with the office of the county recorder. Plat,preliminary, means the proposed plat showing all information required by this chapter. Platting authority means the city council pursuant to Minn. Stat. § 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 chapter 78 and this chapter shall be the ordinary high water mark of any lakeshore,the edge of the right-of-way,the edge of any public or private roadway, or the edge of an adjacent lot or outlot. Public hearing means a hearing to be held by the planning commission to allow for public review and input relating to the proposed subdivision pursuant to Minn. Stat. § 462.358 and section 78-48. 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. 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. Roadways classification means one or more of the following: (1) Principal arterial means a roadway intended to connect urban subregions with one another, connect urban and rural service areas with metro centers, or connect outstate cities. Final Draft page 4 (2) Intermediate arterial means a roadway intended to connect two or more subregions, provide secondary connections outstate and complements principal arterials in high-volume corridors. (3) Minor arterial means a roadway intended to connect adjacent subregions and activity centers within subregions. (4) Collector means a roadway intended to connect neighborhoods within and between subregions. (5) Local means a roadway intended to connect blocks within neighborhoods and specific activities within homogeneous land use areas. (6) Parkway means a roadway intended to provide low-speed and low-volume vehicular or bicycle access to or through recreational areas, parks and lakeshore. (7) Dead end means a roadway with only one vehicular-traffic outlet. (8) Private means a roadway for which the city or other political subdivision shall not be responsible for its maintenance and operation. (9) Public means any roadway for which the city or other political subdivision is or expects to be responsible for its maintenance and operation. Roadway right-of-way width means the distance between property lines measured at right angles to the centerline of the roadway. Setback means the minimum horizontal distance between a structure, system or facility and a natural feature,property line, right-of-way line, ordinary high water level, structure, system or other facility. Sewage treatment system, on-site, means a device or 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 sewerage system. (1) Individual system means a system serving an individual building, typically a single-family residence. (2) Collective system means a system serving two or more buildings,typically including individual septic tanks connected to a common soil treatment and absorption area. (3) Commercial system means a system serving any nonresidential building. Screening means a manmade or natural visual barrier of a type that will form a year-round dense screen. 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 shall be as established by the Minnehaha Creek Watershed District, department of natural resources,or any other agency,whichever elevation is the highest. Single 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 their family owns an interest in each corporation, firm,partnership,entity or unincorporated association. Slope means vertical distance in feet per 100 feet of horizontal distance. State means the State of Minnesota Street means the same as Roadways. Structure means anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, Final Draft page 5 which requires a location on,below or above the ground, land or water, or attached to something having a location on the ground, land or water. Subdivider means any person who: (1) Has an interest in land, who causes it, directly or indirectly to be divided into a subdivision; (2) Directly or indirectly sells, leases or develops, or advertises for sale, lease or development, any interest, lot,parcel, site, unit or plot in a subdivision; (3) 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 (4) 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 the separation of an area,parcel or tract of land under single ownership into two or more parcels,tracts, lots or long-term leasehold interests,where the creation of the leasehold interest necessitates the creation of streets,roads or alleys,for residential, commercial, industrial or other use or any combination of such uses, except those separations: (1) In which all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses. (2) Creating cemetery lots. (3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary as long as each of the resulting lots meets the requirements of chapter 78. Surface water management plan 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 surface 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. Temporary improvement means improvements built and maintained by a subdivider during construction of the subdivision. Tract and subject tract mean the parcel of land comprising all the contiguous land owned or controlled by the subdivider and included in whole or in part in the subdivision. Transportation plan 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. Wetlands as defined in circular 39, "Wetlands of the United States", 1971 edition, United States Department of the Interior as amended from time to time. Water system, individual, means a water system which may include supply,treatment and distribution which serves only one lot(e.g.,private well). Final Draft page 6 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. Sec. 82-3.- Scope. Subdivision and platting of land in the city shall be regulated by this chapter. Sec. 82-4.-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 Community Management Plan of the city and this chapter for the orderly,planned,efficient and economical development of the city. (b) Land to be subdivided shall 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 shall not be subdivided until adequate 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 shall conform to and be properly related to the proposals shown in the Community Management Plan of the city, and it is intended that this chapter shall supplement and facilitate the enforcement of the provisions and standards contained in the official controls and Community Management Plan of the city. Sec. 82-5. -Purposes. This chapter is adopted for the following purposes: (1) 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. (2) To guide the future growth and development of the city in accordance with the Community Management Plan. (3) 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. (4) To protect the character of the land to be divided as well as the surrounding lands 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. (5) 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. (6) 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. (7) 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 Final Draft page 7 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. (8) To establish reasonable standards of design and procedures for subdivisions, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monumenting of subdivided land. (9) To ensure that public and private facilities are available and will have a sufficient capacity to serve the proposed subdivision. (10) To prevent the pollution of air, streams, ponds, wetlands, Lake Minnetonka and other bodies of water; to provide reasonable access to public waters; 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. Sec. 82-6. -Authority. Pursuant to the powers and jurisdictions vested through Minn. Stat. chs. 412 and 462 and other applicable laws, statutes, ordinances and regulations of the State, the city exercises the power of authority to review,approve and disapprove subdivisions of land within the corporate limits of the city. Sec. 82-7.-Minimum standards. In their interpretation and application,the provisions of this chapter shall 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. Sec. 82-8.- Conflict with public provisions. This chapter is not intended to interfere with, abrogate,or annul any other provision of this Code, rule or regulations, statute,or other provision of law. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other provision of this Code,rule or regulation, statute or other provision of law,whichever provisions are more restrictive or impose higher standards shall control. Sec. 82-9.- Saving provision. This chapter shall not be construed as abating any action 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,or as waiving any right of the city under any section or provision existing at the time of adoption of this chapter, or as vacating or annulling any rights obtained by any person, or as waiving any right of the city under any section or provision existing at the time of adoption of this chapter, or as vacating or annulling any rights obtained by any person,by lawful action of the city except as shall be expressly provided for in this chapter. Sec. 82-10.-Amendments of other provisions of this Code and regulations. Final Draft page 8 (a) Whenever the provisions of this chapter refer to the Community Management Plan,official controls, or other provisions of this Code,codes,regulations or laws,it shall be deemed to refer to those official controls, plans, codes, provisions of this Code,and regulations as amended as of that point in time. In the event of an amendment during the application for a subdivision, that subdivision must meet the requirements of the amendment. (b) For the purpose of providing for the public health, safety and general welfare,the city may from time to time amend the provisions imposed by this chapter. Sec. 82-11.-Jurisdiction. This chapter shall apply to all subdivisions of land located within the corporate limits of the city. Sec. 82-12.-Compliance. a) 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 shall not be permitted except after full compliance with this chapter. b) All subdivisions shall be platted in accordance with the terms and conditions of this Chapter. c) No building permit or certificate of occupancy shall be issued for any parcel or lot of land which was created by subdivision and not in conformity with the provisions of this chapter, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with this chapter. d) No subdivision shall 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 chapter. The office of the county recorder shall 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. e) Every person who violates any provision of this chapter when performing an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions this chapter. f) Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this chapter to prevent unlawful construction, to recover damages, including attorney's fees, to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, and these remedies shall be in addition to the penalties describe above and provided in State statutes. Sec. 82-13.- Conditions. 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 Community Management Plan and to the safety and general welfare of the future lot owners in the subdivision and of the community at large. Final Draft page 9 Secs. 82-14-82-45.-Reserved. ARTICLE II.-ADMINISTRATION AND ENFORCEMENTM Sec. 82-46.-Enforcement. It shall be the duty of the City Administrator or designee to enforce this chapter and to bring to the attention of the city attorney any violations or lack of compliance with this chapter. Sec. 82-47.-Fees for subdivision applications. (a) The fees to be paid for each application for subdivision shall be in the amount prescribed by the current city fee schedule provisions. Fees shall be payable at the time applications are filed with the zoning administrator.There shall be no fee in the case of applications filed in the public interest by the council or by the planning commission. (b) No person shall be issued a permit pursuant to chapter 82 by the city until each applicant shall have paid to the city clerk the fixed and additional costs incurred by the city in reviewing the application as provided in this chapter. (c) Each applicant shall be charged the fixed fee specifically provided in this chapter or other provisions of this Code including the current fee schedule adopted by the city council as required to cover the costs incurred by the city in administratively processing and reviewing the subdivision. (d) Application fees are not refundable unless the application is withdrawn prior to referral to the planning commission. In the case of such timely withdrawal,the amount of refund shall be reduced by the costs incurred by the city prior to withdrawal,including but not limited to staff time,notification publication expenses, and consultant costs. (e) Each applicant shall comply with the provisions of chapter 75, reimbursement of development expenses,escrows. Sec. 82-48.-Variances. (a) Standards. Where the city finds that unusual hardship may result from strict compliance with the provisions of this chapter, other than the procedural provisions, and the purposes of this chapter may be served to a greater extent by an alternative proposal,the city may approve variances to this chapter so that substantial justice may be done and the public interest secured, provided that such a variance shall not have the effect of nullifying the intent and purpose of this chapter; and further provided the city shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: (1) An unusual hardship on the land exists, including but not limited to inadequate access to direct sunlight for solar energy systems; (2) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property; (3) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (4) Because of the particular physical surroundings,shape or topographical conditions of the specific land involved, an unusual hardship to the land would result, as distinguished from an inconvenience or hardship to the subdivider, and it is found that the strict enforcement of this chapter would result in an environmentally unsound development of the land; Final Draft page 10 (5) The variance will not in any manner vary the provisions of the Community Management Plan; (7) The variances will not in any manner vary the procedural requirements of this chapter. (b) Conditions. In approving the variance,the city may require such conditions as will, in its judgment, secure substantially the objectives of this chapter.. (c) Procedure. An application for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed. The application shall state fully the grounds and all of the facts to justify the granting of a variance and will be approved or denied at the time the council reviews the preliminary plat. Sec. 82-49.-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 only subject to the development contract. (b) 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. Sec. 82-50.-Appeals. The zoning board of appeals and adjustments established in section 78-96 shall also serve as the subdivision board of appeals and adjustments.The board has the following powers with respect to the subdivision regulations: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of chapter 82.An appeal under this section shall be filed no later than ten days following the order, requirement, decision or determination.Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the subdivision regulations. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing. The procedures set forth in Chapter 78, Division 3 apply to determinations of the subdivision board of appeals and adjustments. Secs. 82-51-82-80. -Reserved. ARTICLE III. -PLAT APPROVAL PROCESS'' DIVISION 1. - GENERALLY Sec. 82-81.-Restrictions on development prior to final plat approval. Once a preliminary plat has been submitted to the city, whether a subdivision is occurring or not, no building permits will be issued by the city for the construction of any building, structure or improvement to the land or to any lot in the proposed subdivision until all requirements of this chapter have been fully completed, including the official recording of the final plat, or until the application is formally withdrawn Final Draft page 11 by the subdivider. When specifically authorized by this chapter and specifically approved by the council, permits may be issued for the construction of certain improvements such as roads, utilities and drainage structures. Sec. 82-82. -Coordination of subdivision approval. (a) Intent. It is the intent of this chapter that subdivision review be carried out simultaneously with the review of accessory zoning applications,(variances,zone changes or other similar prerequisites)to the subdivision. . (b) Fees. Whenever a proposed subdivision requires accessory zoning applications,,the subdivider shall file the separate zoning applications and pay all required fees concurrent with the filing of the preliminary plat application. Sec. 82-83.- Official submission dates. (a) The City shall establish and publish submittal deadlines for land use applications annually. Subdivision applications shall be submitted based on this schedule. (b) When a division or subdivision to which the regulations of the city do not apply is presented to the city,the city administrator or designee shall within ten days certify that the subdivision regulations of the city do not apply to the particular division. (c) If the city or the responsible agency of the city fails to preliminarily approve or disapprove an application within the review period,the application shall be deemed preliminarily approved;and upon demand the city shall execute a certificate to that effect.Following preliminary approval,the applicant may request final approval by the city; and upon such request, the city shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. If the city fails to certify final approval as so required,and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved; and upon demand the city shall execute a certificate to that effect. After final approval a subdivision may be filed or recorded. Sec. 82-84.- Initial staff review. Any person proposing subdivision of land within the city shall meet with the City Administrator or designee to review briefly the proposed subdivision and receive advice concerning subdivision requirements,required submittals, fees and schedules. Sec.82-85.- Sketch plan. (a) Purpose. The sketch plan is an initial presentation of the subdivider's intention and serves as the basis for conceptual discussion between the city and the subdivider and provides beneficial savings for the subdivider. (b) Requirements. A sketch plan review may be completed for all subdivision applications. (c) Sketch plan application. Final Draft page 12 (1) All subdivisions. The planning commission shall review all sketch plans based upon the subdivider's formal application. Incomplete applications will not be reviewed. Complete applications shall include the following: a. Completion of all items on the sketch plan application form; b. A location map; d. A map in a form acceptable to the City Administrator or designee which adequately describes the proposed subdivision in such a way as to show compliance with this chapter; e. Any additional information requested by the City Administrator or designee; and f. Payment of the sketch plan review fee. (d) Sketch plan review and recommendations. (a) Recommendations to the subdivider. After reviewing and discussing the sketch plan, City Administrator or designee will advise in a general manner the subdivider of the changes or additions, if any, which will be required in the layout, and the character and extent of required improvements and dedications which will be required as a prerequisite to the approval of the final plat. (b) The planning commission shall study the sketch plan, taking into consideration the requirements of this chapter and the best use of the land being subdivided. Particular attention will be given to the location, arrangement, shape and size of lots, access, parkland dedication, the further development of adjoining lands as yet unsubdivided, and the requirements of chapter 78 and the Community Management Plan. (c) The applicant may request review by the City Council. Upon such request, the Planning Commission's comments shall be forwarded to the City Council for study and comment. Sec. 82-86.-Vested rights. No vested rights shall accrue to any subdivision by reason of preliminary or final subdivision approval except as stated in this article. For one year following preliminary approval and for two years following final approval, unless the subdivider and the city agree otherwise,no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter,pursuant to its regulations,the city may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application, and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development, the city may by resolution or agreement grant the rights referred to in this section for such period of time longer than two years which it determines to be reasonable and appropriate. Secs. 82-87-82-110. -Reserved. DIVISION 2. -PRELIMINARY PLAT Sec. 82-111.-Purpose and requirements. Final Draft page 13 (a) Purposes. During this stage, the subdivider details their proposal and the city details the subdivision requirements, in the form of a preliminary plat. (b) Requirements. The subdivider is required to furnish detailed surveying, engineering and legal information sufficient to ensure compliance with the city's Community Management Plan and chapter 78, and other local, State, federal, watershed or conservation district regulations. A preliminary plat review shall be completed for each subdivision proposed prior to the city's accepting any final plat application. Sec. 82-112.-Plat application. (a) Plat. All preliminary plat applications shall provide the following to be deemed complete: (1) Completion of all items required by the City; (2) Provision of the utilities map, if applicable; (3) A soil survey and report(to be requested by the city if the City Administrator or designee feels such information is necessary for the subdivision review); (4) A soil erosion and sedimentation control plan; (5) A vegetation preservation and protection plan; (6) Any additional information requested by the City Administrator or designee or planning commission; a. Proposed protective covenants; b. Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units and type of business or industry, so as to reveal the effect of the development on traffic, fire hazards and congestions of population; or (7) Payment of the preliminary plat review fee; and Certification does not mean all information is correct,just that apparently all issues identified in the plat have been addressed by the subdivider. (b) Application deadlines. The subdivider shall file a complete preliminary plat application with the City Administrator or designee at the deadline established by the city annually. Sec. 82-113.-Staff and agency review of the preliminary plat. (a) General coordination. On behalf of the city, the City Administrator or designee shall coordinate the review of preliminary plats by all appropriate city staff persons and governmental agencies. The subdivider is responsible for filing all applications and obtaining all appropriate approvals from other agencies and to keep the City Administrator or designee fully informed of the status of the review by the appropriate agency. The subdivider shall submit to the city copies of all applications filed with other governmental agencies. (b) Referral to planning commission. Upon receipt of a complete preliminary plat application, the City Administrator or designee shall place the application on the agenda of the regularly scheduled planning commission meeting for which the public hearing has been scheduled.The planning commission shall then begin reviewing the proposal. Final Draft page 14 (c) Public hearing meeting notice. Notice of the hearing shall be consistent with public hearing requirements in the zoning ordinance, section 78-48. (d) Referral to park commission. Where the proposed plat includes provisions for the dedication of land for public park purposes,trails or jointly used recreational facilities,the City Administrator or designee shall refer the application to the park commission, which shall review the proposal and provide recommendations to the City Council. Sec. 82-114.-Planning commission review of the preliminary plat. (a) Generally. The planning commission shall study and review all preliminary plat applications. Particular attention will be given to the location,arrangement and size of lots and blocks;the location, width, length and continuity of streets; the topography and ecology of the land; sewage disposal; traffic; drainage; public services;the further development of adjoining lands as yet unsubdivided;the requirements of chapter 78 and Community Management Plan; and the recommendations of the city staff and other governmental agencies. (b) Planning commission public hearing.At the advertised time and place,the planning commission shall hold a public hearing as required by Minn. Stat. § 462.358. The recommendations of city staff and governmental agencies shall be entered in the record. At the discretion of the planning commission, the public hearing may be closed or may be held open for additional information. (c) Planning commission recommendations.After the planning commission has reviewed the preliminary plat and the testimony and exhibits submitted at the public hearing, including citizen comments and the recommendations of the city staff and other governmental agencies,the subdivider shall be advised of any required changes and/or additions. The planning commission shall recommend approval, conditionally approve or deny the preliminary plat. If the planning commission fails to act within the 100-day period,the City Administrator or designee shall refer the application to the council for action within 120 days of the date of certification. Sec.82-115.-Council review of the preliminary plat. (a) Required. The council shall review all preliminary plat applications.Particular attention will be given to the record developed by the planning commission's study of the proposal and to the recommendations of the planning commission and the city staff. (b) Council action. The council should approve,conditionally approve or disapprove the preliminary plat within 120 days following the date of certification by the City Administrator or designee of the completed application unless an extension of the review period has been agreed to by the subdivider in writing. (c) Recommendations to the subdivider. The action of the council shall be in the form of a resolution setting forth the conditions of approval, including any changes,additions and/or other requirements to be met by the subdivider prior to final plat approval. In addition to the specific conditions stated, the subdivider must fulfill all other requirements and performance standards of this Code. (d) Failure to act by the city. If the city or the responsible agency of the city fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved; and upon demand the city shall execute a certificate to that effect. Following preliminary approval the applicant may request final approval by the city, and upon such request the city shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring Final Draft page 15 performance. If the city fails to certify final approval as so required, and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved; and upon demand the city shall execute a certificate to that effect. After final approval, a plat may be filed or recorded. (e) Grading of site prior to final approval. Subsequent to preliminary plat approval by the council, the subdivider may apply for a land alteration permit from the city and upon receipt of such permit may commence construction to the grades and elevations required by plans approved by the city. Sec. 82-116.-Effective period of preliminary plat review. Council resolution concerning any preliminary plat shall remain effective for one year. Failure to file a complete final plat application within this time period shall be construed as formal withdrawal of the proposed plat. Secs. 82-117-82-140.-Reserved. DIVISION 3. -FINAL PLATS Sec. 82-141.- Generally. (a) Purpose. Final plat review is the final stage of the plat review process.The legal documents,including plat drawings, are reviewed for completeness and conformity with the intent and requirements of the preliminary plat approval. (b) Requirements. The applicant is required to furnish completed surveying, engineering, and legal documents suitable for recording in the county recorder's office, incorporating all the information and/or changes required as part of the preliminary plat review and resolution of preliminary plat approval.All documents and requirements shall be completed by the subdivider, reviewed by the city staff and the council, and approved by the council prior to the mayor's and city clerk's certifying approval of the final plat. (c) Prerequisite. A preliminary plat of substantially the same proposal shall have been approved by the council within one year of the filing of any final plat application. The City Administrator or designee shall review each final plat application to ensure substantial conformity to the requirements and representations on the preliminary plat. (d) Substantial change from preliminary plat. The council may refuse to approve any final plat application which is substantially different from the approved preliminary plat, or which discloses possible misrepresentations on the preliminary plat. In the case of such denial council may require the applicant to resubmit the proposal for planning commission reconsideration, and may require the applicant to submit or resubmit any and all documents or information required for preliminary plat review. Planning commission reconsideration may include a new public hearing. The applicant shall pay applicable preliminary plat review fees. Sec. 82-142.-Final plat application. (a) All plats. Complete final plat applications shall include one or all of the following to be determined by the zoning administrator: (1) Completion of all items required by city staff. Final Draft page 16 (2) All information submitted for the preliminary plat review shall be in the record and shall be considered submitted for final plat review purposes. (3) One original and two copies signed by the grantor,of any required drainage,utility,road,access, open space, conservation or other easement 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. (4) One original and two copies, signed by the grantor, of any quitclaim deed or warranty deed dedicating required land to the city or other governmental jurisdiction. (5) One original and two copies of any private covenant, homeowners' 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. (6) A developer's contract, including the complete construction plans, specifications and performance security, shall be submitted by the subdivider for all required public or private improvements which are to be installed and/or completed after final plat approval. (7) A certificate of satisfactory completion signed by the city engineer shall be submitted by the subdivider for all required public and private improvements which have been or were required to be completed prior to final plat approval. (8) Any additional information requested by the City Administrator or designee or the council. (9) Payment of applicable fees and payments identified in the development agreement,or preliminary plat resolution. (10) Confirmation that all county taxes are paid. (11)Title commitment or acceptable evidence of title, dated no later than 45 days of the anticipated recording date. (12) The final plat. Record plat drawings shall be prepared by a registered land surveyor in accordance with applicable statute and county regulations and shall be submitted in the form of at least two plastic film reproducible copies,three copies for Torrens property.Original signatures and certifications shall be provided on the mounted and reproducible copies for the owners,those possessing any other property interest,the professional engineer(if applicable),and the registered surveyor. Spaces for certification by the city (signature lines for the mayor and clerk) shall be provided. (13) One copy of the final plat reduced to a scale of one inch equals 200 feet. (d) Application deadlines. The subdivider shall file a complete final plat application with the City Administrator or designee within one year of preliminary plat approval. Sec. 82-143.- Staff review of the final plat. (a) Coordination. The City Administrator or designee shall coordinate the review of final plat applications. (b) Referral to city staff. (1) The City Administrator or designee shall refer the application to all appropriate city staff personnel for review and certification. Final Draft page 17 (2) The City Administrator or designee shall review the final plat application for conformity with chapter 78 and this chapter and with the conditions and requirements of the preliminary plat approval, and shall certify their status to the council. (3) The city attorney shall review the record plat drawing, metes and bounds descriptions, 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 shall certify the approval to the council. (4) The city engineer shall: a. Review the record plat drawing,metes and bounds description,easements,deeds,agreements and other documents for proper and complete legal property descriptions; b. Review and approve all construction plans; c. Approve all construction estimates for work required to be completed after final plat approval; d. Issue, when completed, certificates of satisfactory completion for all work required to be completed prior to final plat approval; and e. Certify the approval and/or status of the above to the council. (5) The city finance director shall review all final plat applications as to tax status of the property; the original, outstanding and proposed special assessment amounts levied; and the payment and status of all fees or charges imposed on the property; shall prepare all special assessment reapportionments; and shall certify the above to the council. (6) Additional comments by other city staff personnel shall be submitted in writing to the City Administrator or designee for inclusion in the record. (c) Requirements of other agencies. The subdivider shall submit to the city all written confirmation of official action taken by governmental agencies or jurisdictions subsequent to the approval of the preliminary plat. Such confirmation, including all necessary permits or authorizations, shall be submitted at the meeting at which the council will act on the final plat. (d) Final plat resolution. After review and certification of the final plat application, the City Administrator or designee,shall prepare a resolution of final plat approval or denial to be presented to the council. Sec. 82-144.- Council review of the final plat. (a) Powers. The council is the platting authority pursuant to Minn. Stat. §462.358,shall modify,approve or deny all final plat applications. Sec. 82-145.-Effective period of final plat approval. (a) The intent of the plat 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. The Final Plat shall be recorded within 1 year of approval date. (b) Failure of the subdivider to complete any or all requirements within this time period shall constitute a formal withdrawal of the proposed plat. Secs. 82-146-82-171.-Reserved. Final Draft page 18 DIVISION 4. - SUBDIVISION CERTIFICATION AND RECORDING Sec. 82-172.-Documents. (a) Required. The documents provided by the subdivider for final plat certification shall 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 shall be supplied by the subdivider. (b) Documents to be certified by the city. The following documents shall be certified by the city: (1) Two plastic film reproducible copies(in the case of Torrens property,three copies)of the plat. (2) Resolution of final plat approval; one copy provided by the city. (c) Additional documents. The following additional documents shall be recorded with the plat: (1) One original signed by the grantor of 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 quitclaim deed or warranty deed dedicating required land to the city or other governmental jurisdiction. (3) One original copy of any private covenant,homeowners'association agreement or other private restriction intended to be filed in the chain of title of the property at the time the final plat or survey is recorded. (4) One original copy of any required development contract in the standard form as provided by the city. Sec. 82-173.-Staff certification. The City Administrator,zoning administrator, city attorney, city engineer and city finance director or their designees shall each review the final legal documents and status of each plat proposal. Whenever the resolution of final plat approval requires changes, alterations or additions prior to final plat certification, upon receipt of all corrected documents,the City Administrator or designee shall refer the revised documents to the affected staff for their review and recertification. Sec. 82-174.- Official plat certification. Upon receipt of the final staff certifications,the city clerk shall determine that there has been final staff approval and shall thereafter present the final plat drawings and resolution of final plat or survey approval for the endorsement of the signature of the mayor, or the acting mayor presiding in the absence of the mayor. Upon endorsement of the mayor,the city clerk shall attest to the mayor's signature and the final city approval of the plat by signature and affixing the seal of the city on the resolution of final plat approval. Sec. 82-175. -Final acceptance of improvements. Final acceptance of all improvements and release of Security shall be as and when set forth in the development contract and section 82-213. Final acceptance of all public improvements for which the city will thereafter be responsible shall be by separate motion of the city. The approval and certification by the city of a plat and/or the acceptance and recording of any easement or deed shall not be deemed to constitute or imply acceptance by the city of any street,road,easement or parts shown on the plat or identified by easement or deed. Final Draft page 19 Secs. 82-176-82-199.-Reserved. DIVISION 5. -EXCEPTION Sec. 82-200.-Exception. (a) Upon request,the City Administrator or designee shall,within ten days,certify that the following are excepted from chapter 82 of the City Code: (1) A division of property where all the resulting parcels,tracts,lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses,or (2) Will create cemetery lots, or (3) Is court ordered, or (4) Is an adjustment of a lot line by the relocation of a common boundary and no new non- conformities are created or an existing non-conformity is increased. (b) Procedure for exempted subdivisions. The owners of such lots to be certified shall file with the City Administrator or designee a certificate of survey of the lots to be divided, and pay the required fee. Such certificate of survey shall show the dimensions of the lots, as measured upon the recorded plan, the area of the lots, all corner elevations, all existing structures, including dimensions to existing and proposed property lines, all visible encroachments, all easements of record, and their proposed division. A written description of the separately described tracts which will result from the proposed division shall be included on the survey. If the proposed certification complies with all of the requirements of this section, it will be approved by the City Administrator or Designee and forwarded to the county for filing. (c) Limitations. The City Administrator or designee shall not certify an adjustment of the lot line involving the same lot or parcel more than once every 365 days. The adjustment may be platted. Secs. 82-201-82-211. -Reserved. ARTICLE IV.-DESIGN STANDARDS AND REQUIRED IMPROVEMENTS' DIVISION 1.- GENERALLY Sec. 82-212.- Special requirements for subdivisions involving public or private improvements. The following provisions apply to subdivisions: (1) Improvements. All public and/or private improvements required by the city to be completed by the subdivider after final plat approval shall be fully set forth in a development contract to be executed prior to final plat approval. All local streets in plats where sewer and water are not available shall be private unless otherwise approved by the city at preliminary plat approval. The city reserves the right to determine whether a road is to be public or private in all areas of the city. All improvements shall meet or exceed the minimum standards as illustrated on the Orono Standard Construction Details, as amended and adopted by the Orono City Council from time to time. (2) Public roads. Public streets and roads will be required to be platted, constructed and dedicated to the city when required by the council consistent with the recommendations of the planning commission and the city staff and the established city practices and design standards.Public roads shall be subject to the conditions of a development contract to be executed prior to final plat approval. Final Draft page 20 (3) Private roads. When the preliminary plat has been approved on the basis of a private access road providing the only access to three or more lots, the private road shall be identified on the final plat as a separate outlot. The private road shall be identified by name if the road serves four or more lots.Whenever a private road outlot is proposed,the subdivider shall be required to provide for a permanent homeowners' association or road maintenance agreement acceptable to the city in order to ensure ownership and maintenance of the road outlot. (4) Road and utilities easements. The council may require the subdivider to convey to the city certain road and utility easements permitting public ingress, egress and access over private roads as a condition of final plat approval. a. Whenever a private access road is authorized, the required outlot shall be included on and conveyed in a road and utilities easement in the standard city form. b. Whenever areas of the plat are to be set aside for public or private utility construction and use,such areas shall be described and dedicated for public use on the plat.This shall include areas shown on record plat drawings as drainage and utilities easements. c. Whenever a road and utilities easement is required,the easement shall be fully executed prior to final plat approval, using the legal descriptions of the final plat, and shall thereafter be filed in the chain of title of the property concurrent with the filing of the final plat. (5) Flowage and conservation easements. The council may require the subdivider to convey to the city a flowage and conservation easement restricting the use, improvement and development of certain portions of the land to be subdivided. Flowage and conservation easements will be made a condition of final plat approval as follows: a. Whenever any open water,creek,stream or natural drainageway occurs in any portion of the subject tract, the floodplain or floodway of the lake, pond, stream, creek or drainageway shall be described as a drainage easement subject to a flowage and conservation easement to the city. b. Whenever any wetlands,marshlands or lowland acting as a stormwater retention area occurs within any portion of the subject tract,that area shall be described consistent with established flood or water retention elevations, soil type characteristics and vegetation characteristics as a drainage easement subject to a flowage and conservation easement to the city. c. Flowage and conservation easements may be described and conveyed by metes and bounds with the ownership and maintenance responsibilities remaining with the individual parcels. d. Whenever a flowage and conservation easement is required, the easement shall be fully executed prior to final plat approval, using the legal descriptions of the final plat, and shall thereafter be filed in the chain of title of the property concurrent with the filing of the final plat. (6) Homeowners'association agreements. The council may require the subdivider to create a viable homeowners'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,drainageways,and drainage ponds,and any improvements which are not to be accepted by the city for public ownership and maintenance. (7) Development contracts. The council may require the subdivider to execute a development contract prior to final plat approval.The development contract shall set forth in the standard city form those improvements required to be completed as a condition of plat approval, the party responsible for the installation and maintenance of the improvements,and the method of payment of the installation and maintenance costs. Final Draft page 21 Sec. 82-213.-Assurance for completion and maintenance of required public or private improvements— The following provisions apply to subdivisions: (1) Completion of required public or private improvements. Before the mayor and city clerk sign a final plat,the subdivider shall complete or agree to complete at their cost all of the required public or private improvements as required in this chapter and as specified in the resolution approving the final plat and in the development contract,and in the case of public improvements,to dedicate them to the city, free and clear of all liens and encumbrances on the property and public improvements thus dedicated. (2) Performance Security a. The city may require the developer furnish security, in the amount of 125%of the cost of the improvements,to guarantee their completion. . b. Such performance security shall comply with all statutory requirements and be satisfactory to the city attorney as to form and manner of execution.The period within which the required public and private improvements must be completed shall be specified by the city in the resolution approving the final plat or in the development contract and shall not exceed two years from date of final plat approval. (3) Temporary improvement. The subdivider shall build and pay for all costs of temporary improvements required by the city and shall maintain them for the period specified by the city. Prior to construction of any temporary facility or improvement,the subdivider shall file with the city a separate suitable performance security for temporary facilities, which securityshall ensure that the temporary facilities will be properly constructed, maintained and removed. (4) Cost of improvements. All required public and private improvements shall be made by the subdivider, at their expense, without reimbursement by the city. (5) Governmental units. Governmental units to which these security and contract provisions apply may file in lieu of a contract or bond a certified resolution or ordinance of that governmental unit's agreeing to comply with the provisions of this chapter. (6) Failure to complete required improvements. For plats for which no performance security has been posted, if the improvements are not completed within the period specified by the city in the resolution approving the final plat,the approval shall be deemed to have expired. In those cases where a performance security has been posted and required improvements have not been installed within the term of such performance security and resolution approving the final plat,the city may thereupon declare the security in default and require that all improvements be installed regardless of the extent of the building development at the time the security is declared to be in default. Moreover, the city may withhold building permits and certificates of occupancy for lots in the plat until the required improvements have been installed. If 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. Sec. 82-214.- Inspection of required public and private improvements. (a) General procedure and fees. The city may inspect required public and private improvements during construction.The applicant shall pay to the city an inspection fee based on the city engineers estimate Final Draft page 22 enumerated in the Development Contract. 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 shall be responsible for completing the improvements; and no building permits or certificates of occupancy shall be issued until the required improvements have been completed by the subdivider. (b) Release or reduction of performance security. (1) Certificate of satisfactory completion. The city will not accept dedication of required improvements, nor release nor reduce security, 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 a detailed as-built construction drawing and survey plat of the subdivision, indicating location, dimensions, materials and other information required by the city, 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 recommendations, the city may thereafter accept the public improvements for dedication in accordance with the established procedure. (2) Reduction of security. Security 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 shall security be reduced below 10 percent of the principal amount until satisfactory completion of all required improvements. Sec. 82-215.-Maintenance of required public and private improvements. (a) The subdivider shall be required to maintain all private improvements and provide for snow removal on streets and sidewalks until acceptance of such private improvements by a subsequent lot owner or homeowners' association. The subdivider shall be required to maintain all public improvements and provide for snow removal on streets and sidewalks until acceptance of such public improvements by resolution of the city. (b) The subdivider shall 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 ensure the satisfactory condition of the required public and/or private improvements, on the individual subdivided lots for a period of one year after the date of the issuance of the certificate of satisfactory completion. Sec. 82-216.-Deferral of required public or private 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 in this section because of incompatible grades, future planning, inadequate or lack of connecting public or private improvements, or for other reasons,the subdivider shall pay their estimated share of the cost of the future improvements to the city prior to the signing of the final plat; Final Draft page 23 or the subdivider may post a security insuring completion of such improvements upon demand of the city. Sec. 82-217.- Subdivisions straddling municipal and school district boundaries. Lot lines shall be laid out so as not to cross municipal and school district boundary lines. Sec. 82-218.- Monuments. The applicant shall place permanent reference monuments in the plat as required by statute. Sec. 82-219.- Character of the land. Land which the 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 plat and/or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the council,upon recommendation of the city engineer,to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such a danger. Sec. 82-220.-Plat name. The proposed name of the plat shall not duplicate, or too closely approximate phonetically,the name of any other plat in the city covered by this chapter. The council shall have final authority to designate the name of the plat, which shall be determined at preliminary plat approval. Sec. 82-221.-Drainage and storm sewers. (a) General requirements. The city shall not approve any plat which does not make adequate provision for stormwater or floodwater runoff. Surface water drainage patterns shall be shown for each lot and block. The stormwater drainage system shall be separate and independent of any sanitary sewer system. Storm sewers,where required, shall be designed by the method as approved by the city, and a copy of design computations shall be submitted along with plans. Inlets shall be provided so that surface water is not carried across or around any intersection,nor for a distance of more than 600 feet in the gutter in urban areas. When calculations indicate that curb capacities are exceeded at a point,no further allowance shall be made for flow beyond that point; and basins shall be used to intercept flow at that point. (b) Nature of stormwater facilities. (1) Location. The subdivision shall be required by the city to carry away by pipe or open ditch any spring or surface water that may exist either previously to or as a result of the plat. Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the city's construction standards and specifications. (2) Accessibility to public storm sewers. Final Draft page 24 a. Where a public storm sewer is accessible,the subdivider shall install storm sewer facilities; or, if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of stormwaters, subject to the specifications of the city. b. If a connection to a public storm sewer will be provided eventually, as determined by the city, the subdivider shall make arrangements for future stormwater disposal by a public utility system at the time the subdivision receives final approval. Provision for such connection shall be incorporated by inclusion in the performance Bond required for the final subdivision. (3) Accommodation of upstream drainage areas. A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The city shall determine the necessary size of the facility, based on the provisions of the construction standards and specifications assuming conditions of maximum potential watershed development permitted by chapter 78 and Community Management Plan. (4) Effect on downstream drainage areas. The city shall also study the effect of each plat on existing downstream drainage facilities outside the area of the plat. City drainage studies, together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the plat will overload an existing downstream drainage facility,the city may withhold approval of the plat until provision has been made for the improvement of the potential condition at the subdivider's expense and in such sum as the city shall determine.No plat shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility. (5) Floodplain areas. The city may, when it deems it necessary for the health, safety or welfare of the population of the area and necessary to the conservation of water, drainage and sanitary facilities,prohibit the subdivision of any portion of the property which lies within the floodplain of any stream, lake or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing,grading or dumping of earth,waste material or stumps by the appropriate conservation easement. (c) Dedication of drainage easements. (1) General requirements. Where a plat is traversed by a wetlands, swamp, watercourse, drainageway,channel or stream,there shall be provided a stormwater easement,conservation and flowage easement, or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction or both as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow. (2) Drainage easements. a. Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements of an appropriate width for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to a public roadway. Easements shall be indicated on the plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities. b. When a proposed drainage system will carry water across private land outside the plat, appropriate drainage rights must be secured and indicated. c. The subdivider shall dedicate,by drainage or conservation easement of land on both sides of existing watercourses,to a distance to be determined by the city. Final Draft page 25 Sec. 82-222. -Water facilities. (a) Public water systems. (1) Where a public water main is accessible, the subdivider shall install adequate water facilities, including fire hydrants, subject to the specifications of the State or city. (2) Water main extensions shall be approved by the city. (3) To facilitate the provisions of subsections (a)(1) and (2) of this section, the location of all fire hydrants and all water supply improvements and all improvements proposed to be served shall be shown on the preliminary plat,and the cost of installing such improvements shall be included in the performance Bond to be furnished by the subdivider. (b) Individual wells. (1) In the discretion of the city, if a public water system is not available, individual wells may be used. Water samples shall be submitted to the State health department for its approval. (2) If the city requires that a connection to a public water main be eventually provided as a condition to approval of an individual well,the subdivider shall make arrangements for future water service at the time the plat receives final approval. Sec. 82-223.- Sewerage facilities. (a) General requirements. Where public sanitary sewer is available,the subdivider shall install sanitary sewer facilities in a manner prescribed by the city's construction standards, specifications and provisions of this Code. All plans shall be designed in accordance with the rules, regulations and standards of the city, State health department, and other appropriate agencies. (b) Connection. Where a public sanitary sewerage system is reasonably accessible, the applicant shall connect the system and provide sewers accessible to each lot in the plat. (c) Central system. In the Metropolitan Urban Service Area (MUSA), where public sanitary sewerage systems are not reasonably accessible but will become available within a reasonable time (not to exceed 15 years),the applicant may choose a central sewerage system. The maintenance cost shall be assessed against each property benefited. Where plans for future public sanitary sewerage systems exist, the applicant shall install the sewer lines, laterals and mains to be in permanent conformance with such plans and ready for connection to such public sewer mains. (d) Septic system. In the MUSA,and where sanitary sewerage systems are not reasonably accessible and will not become available for a period in excess of 15 years, the applicant may install a sewerage system in accordance with chapter 58, article II. (e) Design criteria for sanitary sewers. (1) Generally. These design criteria are not intended to cover extraordinary situations. Deviations will be allowed and may be required in those instances where considered justified by the city. (2) Design factors. Sanitary sewerage systems should be designed for the ultimate tributary population. Due consideration should be given to the Community Management Plan. Sewer capacities should be adequate to handle the anticipated maximum hourly quantity of sewage and industrial waste together with an adequate allowance for infiltration and other extraneous flow. Sewers shall be designed in accordance with standards and specifications approved by the city. Final Draft page 26 Sec. 82-224.-Utilities. (a) Location. All utility facilities, including but not limited to gas, electric power,telephone and CATV cables, shall be located underground throughout a plat. Wherever existing utility facilities are located above ground, except where existing on public roads and rights-of-way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the plat shall be shown on the preliminary plat. Underground service connections to the street property line of each platted lot shall be installed at the subdivider's expense.At the discretion of the city,the requirements for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use. (b) Easements. Easements centered on rear and side lot lines shall be provided for utilities (private and municipal), and such easement shall be at least ten feet wide and have satisfactory access to the publicly dedicated and opened road.Easements shall be indicated on the plat.Proper coordination shall be established between the subdivider and the applicable utility companies for the establishment of utility easements established in adjoining properties. Sec. 82-225. -Preservation of natural features and amenities. (a) Generally. Existing features which would add value to residential development or to the city as a whole, such as trees, watercourses and falls, beaches, historic spots, and similar irreplaceable assets, shall be preserved in the design of the plat. 1. No trees shall be removed from any plat 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 shall be preserved, and all trees where required shall be welled and protected against change of grade.The vegetation map shall show the number and location of existing trees, as required by this chapter, and shall 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 chapter. (b) Deciduous trees planted by subdivider. (1) As a requirement of subdivision approval, the city may require that the subdivider plant Deciduous trees on the property of the subdivision. Such trees are to be planted within five feet of the right-of-way of the roads within and abutting the subdivision, or, at the discretion of the city,within the right-of-way of such roads. One tree shall be planted for every 40 feet of frontage along each road unless the council, upon recommendation of city staff, shall grant a waiver. (2) New trees to be provided pursuant to this chapter shall be approved by the city and shall be planted in accordance with the specifications of the city. Such trees shall 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 shall be planted. Alternatively,the City may accept trees recommended for street use by University of Minnesota Extension—Forestry,Northwest and Central regions and appropriate for the soil conditions. Sec. 82-226.-Parks and playgrounds. (1) Lands for public use. The city finds that when land is subdivided,including a planned residential development or a planned unit development, the resulting additional housing units or commercial/industrial buildings have an impact on the city's park system. Therefore, pursuant to Minn. Stat. § 462.358, subd. 2b,the city requires all persons, corporations or other legal entities that subdivide land within the city, as a prerequisite to approval of a lot division, final plat, Final Draft page 27 planned residential development or planned unit development, to convey to the city or dedicate to the public, for use as parks, playgrounds, trails or open space, a given percentage of the land being platted or developed as specified in this section, such portions to be approved by the city. In lieu thereof, the subdivider shall, at the option of the city, pay to the city, for use in the acquisition, development or improvement of public parks, playgrounds, trails, wetlands or open spaces and debt retirement in connection with the foregoing, an equivalent amount in cash based upon the fair market value of the land to be developed. The form of contribution (cash, land, or any combination)shall be decided by the city council based upon the need and conformance with the comprehensive plan.The amount of the dedication requirement shall be roughly proportional to the impact of the subdivision on the city's park system. (2) Dedicated land requirements. Any land to be dedicated as a requirement of this section shall be reasonably adaptable for the public purposes listed in subsection(1)of this section. Factors used in evaluating the adequacy of proposed dedicated areas shall include size, shape, topography, drainage,geology,tree cover, access and location. (3) Land dedication minimum area. Subdividers shall be required to dedicate to the city for parks, playgrounds,trails,open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the city council,as set forth below: a. In residential/agricultural/multiple residential zoned land, dedication requirement of eight percent of the land being platted or subdivided. The dedication required shall be roughly proportional to the projected impact of the proposed development on the city's park system. Because of the vastly differing land values in the city, the eight percent park dedication requirement could result in park dedication requirements that are either significantly greater than or significantly less than the amount which is roughly proportional to the impact of the proposed development on the city's park system. Periodically, therefore, the city will establish both a maximum and minimum park dedication amount per dwelling unit based on an updated projection of the cost of the city's park system and the proportionate share of this projected cost to be borne by new dwelling units in the city.This will be done by a resolution of the city council. b. In commercial/industrial zoned land, dedication requirement of eight percent of the land being platted or subdivided. The dedication required shall be roughly proportional to the projected impact of the proposed development on the city's park system. The city finds that the employees of commercial/industrial developments in the city make use of the city's park system, particularly trails and natural areas. Because the city's park system is focused on trails and natural areas versus active community parks and ballfields, commercial/industrial employees use the city's park system in ways similar to city residents. Therefore, the commercial/industrial dedication requirement will be tied to the residential dedication requirement by determining the number of employees that is equivalent to a residential dwelling unit in terms of impact on the city's park system.Periodically the city will establish both a maximum and minimum park dedication amount per employee based on this determination and the determination of the residential dedication requirement as set out in subsection(3)a of this section. This will be done by resolution of the city council. c. Because the city's park system is focused on trails and natural open space areas,the city does not have a broad system of neighborhood parks. If a subdivision is planned to be served by a neighborhood park, this subdivision will receive a greater benefit from the city's park system than that received by the general population. Therefore, the maximum park dedication amount as determined in subsection (3)a of this section may be exceeded up to the full eight percent dedication requirement in the case of a subdivision that is planned to be served by a neighborhood park. Final Draft page 28 (4) Cash contribution in lieu of lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The city shall account for such funds in a special fund named park dedication funds. These funds are to be used only for the acquisition, development and improvement of public parks,playgrounds,trails,wetlands or open spaces,and debt retirement in connection with the foregoing. (5) Fair market value of lands. Fair market value for purposes of this section shall be the land predevelopment value to be determined by the city council as of the time of preliminary plat application in accordance with the following: a. The city assessor shall recommend to the city council as to the fair market value of the land after consultation with the subdivider. b. If agreement is not reached between the city assessor and subdivider, the fair market value shall be determined in accordance with the following: 1. Fair market value as determined by the city council based upon a current appraisal submitted to the city by the subdivider,at their expense. The appraisal shall be made by appraisers who are approved members of SREA or MAI, or equivalent real estate societies. 2. If the city disputes such appraisal amounts, it may obtain an appraisal of the property by a qualified real estate appraiser which the city council selects and which appraisal may be accepted by the city as being an accurate appraisal at fair market value.The cost of the appraisal shall be paid by the subdivider. c. The determination of fair market value of the undeveloped land by the city assessor, city council or designated appraisers shall be determined at the time of preliminary subdivision approval, provided that there is final plat approval within the time limits as set forth in this chapter. The time of preliminary plat approval is utilized because the nature of the subdivision,its probable population,lot size and value,and other relevant factors are known. If an extension of the time limits in this chapter is approved by the city council, the fair market value shall be determined as of the time of the approval of that extension. In determining the fair market value as of time of preliminary plat application,or its extension, the factors to be included in the analysis shall include any and all factors which are generally accepted and used by approved members of SREA or MAI or equivalent real estate appraisal societies. (6) Future subdivision. Any land which is further subdivided, divided or applied for such subdivision, division subsequent to May 1, 1990, shall be subject to the requirements of the ordinance then in effect concerning dedication of land for public purposes; and credit shall be given for any charges previously imposed upon that land if the subdivider can prove that fees were previously paid. In no event shall the city be liable for any payment which may be due because of a subsequent reduction in the application percentage of land or equivalent market value in cash to be dedicated. Secs. 82-227-82-250. - Reserved. DIVISION 2.- LOTS Sec. 82-251.—Security to include lot improvement. The security required shall include an amount to guarantee completion of all requirements contained in this division, including but not limited to erosion control, soil preservation, final grading, lot drainage, Final Draft page 29 land stabilization, ,removal of debris and waste, fencing, and all other lot improvements required by the city. Sec. 82-252.-Lot arrangement. The lot arrangement shall 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 chapter 78 and in providing driveway access to buildings on such lots from an approved street. Sec. 82-253.-Lot dimensions. Lot dimensions shall comply with the minimum standards of chapter 78. 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 chapter 78. In general, side lot lines shall 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 shall be large enough to allow for erection of buildings, observing the minimum yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated,as established in chapter 78. Notwithstanding the required width of each lot, each lot shall maintain a minimum frontage of 18 feet on a public or private street, or access outlot. Sec. 82-254.-Lot area,minimum. A. In areas not served by sanitary sewer, each lot must contain a minimum of two acres of contiguous Dry Buildable Land exclusive of public rights-of-way,vehicular easements,or areas at or below the floodplain elevation for a specific property. B. In areas served by sanitary sewer, each lot must contain contiguous Dry Buildable Land equal to the minimum areas as prescribed in chapter 78 or half-acre,whichever is less(exclusive of public rights- of-way,vehicular easements, or areas at or below the floodplain elevation for a specific property), and have legal access to the building site without encroachment of a wetland or floodplain area. C. Outlots. Outlots are not intended for development except for the purpose in which they are created, which may include streets,stormwater management, monument signs, etc. Outlots intended for future development shall not be subject to development fees until they are platted as buildable lots. Sec. 82-255.-Lakeshore lots. The granting of easements which purport to grant access to the lake to any person for any uses, including but not limited to docking,mooring, swimming and launching of boats,is prohibited and shall be deemed a violation of this chapter and subject to all of the penalties and proceedings as set forth in this chapter. Exception. An owner of a riparian lot within the Seasonal Recreational (RS)zoning district may grant an easement over their riparian, RS zoned property to benefit a non-riparian, RS zoned property for lake access purposes. Final Draft page 30 Sec. 82-256.-Double-frontage lots,access to lots, and front/back lot divisions. (a) Double frontage lots. Double-frontage and reversed-frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. (b) Access from any arterial roadway. Lots shall 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 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 shall be designed and arranged so as to avoid requiring vehicles to back into traffic on any arterial roadway. (c) Front/back lot subdivisions. Flag lots shall not be created. For the purposes of this chapter, a flag lot shall be defined as a lot so shaped such that the main building site is set back from the street on which it fronts and includes an access strip connecting the main building site with the fronting street. Front/back lot divisions shall be allowed only in conjunction with the creation of a separate outlot to provide access from the back lot to the public or private road. Such outlot shall not be allowed as creditable lot area for either the back or front lots. Front/back lot subdivisions shall adhere to the following standards: (1) Applicability. a. Front/back lot divisions may be used when existing property dimensions are narrow and deep, such that lot width does not allow for a side-by-side lot split, but acreage is adequate to provide a front lot and a back lot without requiring an area variance when the area of the outlot access corridor is excluded. b. Front/back lot divisions may be used for individual lot splits but may not be used when subdividing a large parcel into numerous lots if creation of a back lot is merely a convenience to the developer rather than supported by unique site factors. c. A front/back lot division shall not be allowed when any existing residence on a neighboring property abutting the proposed access outlot is located nearer its affected side lot line than a distance equivalent to the zoning district required front yard depth. (2) Dimensional standards. Dimensional standards for back lots shall be as follows: a. Lot area shall be 150 percent of the zoning district requirement. Wetlands may be allowed as area credit for meeting the 150 percent back lot area requirement, as long as the back lot contains sufficient contiguous dry buildable land to satisfy the minimum acreage requirement of the underlying zoning district. b. Lot width measured parallel to the front or street lot line at the street yard setback line of a lakeshore back lot, or at the rear of the front yard setback line of a non-lakeshore back lot, shall meet the zoning district width requirement. The street yard or front yard for any back lot will be a yard starting where the narrow access outlot corridor ends and the lot begins. Lakeshore back lots shall meet the lot width standard at the shoreline, at the lakeshore setback line and at the street yard setback line. c. The depth of the required street yard or front yard shall be 150 percent of the zoning district front yard requirement. d. The required side yard and rear yard depths for back lots shall be 150 percent of the zoning district yard requirements.The required lakeshore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. (3) Dimensional standards for front lots. A front lot created as part of a front/back lot division shall meet all zoning district area, width and setback standards; except that the required side yard of Final Draft page 31 the front lot adjacent to the access outlot shall be equivalent to the side street yard requirement for that zoning district. (4) Access requirements. a. Access outlots shall be wide enough to accommodate drainage,snow removal and screening without encroaching on neighboring properties. In no case shall an outlot be narrower than 30 feet in width. b. In approving front/back lot divisions, the city may require that both front lot and back lot share a driveway access within the access outlot if the council determines that creating an additional access to the existing street will be a potential safety hazard. c. Driveways within a back lot shall be located at least ten feet from the side or rear lot lines of adjacent lots. d. No more than two residences may be served by a driveway located within an access outlot. e. No access outlot may be platted abutting an adjacent outlot except when the intent is to combine the two access outlots for creation of a public or private road meeting city standards. (5) Screening requirements and accessory structure standards. Front/back lot subdivisions shall be designed in a manner such that the screening requirements and accessory structure standards of section 78-1370 can be met. (3) Effective date. The requirements and standards of this section shall apply only to those front/back lot divisions which received preliminary plat approval after January 1, 1994. Sec. 82-257.-Soil preservation,grading and seeding. (a) Soil preservation and final grading. No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision and the lot precovered with soil with an average depth of at least six inches,which shall contain no particles over two inches in diameter 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. Topsoil shall not be removed from residential lots or used as spoil but shall be redistributed so as to provide at least three inches of cover on the lots and boulevards. (b) Lawn-grass seed and sod. All disturbed areas shall be stabilized with a vegetative mix approved by the city engineer. No certificate of occupancy shall be issued until the disturbed areas meet the standard of Final Stabilization, as defined in Section 79-5; except that during the period of the year when seed cannot be sown,the property owner and/or developer shall submit an agreement in writing to assure that re-spreading of soil and seeding of lawn will be done during the immediate following planting season, and shall leave a security in a form acceptable to the city for performance in such an amount as shall be determined by the city. The developer may choose to include final lot grading and required lawn grass seeding improvements in a development contract and shall leave a security in a form acceptable to the city for performance in such an amount as shall be determined by the city. Sod may be used to comply with any requirements of seeding set forth in this section. (c) Lot drainage. Lots shall be graded so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots. Sec. 82-258.-Debris and waste. Final Draft page 32 No cut trees,timber, debris, earth,rocks, stones, soil,junk, rubbish or other waste materials of any kind shall 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,nor shall any be left or deposited in any area of the subdivision at the time of expiration of the performance security or dedication of public improvements,whichever is sooner. Secs. 82-259-82-280.-Reserved. DIVISION 3.- ROADS AND PUBLIC WAYS Sec. 82-281.-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 following design standards for roads are required: (1) Road surfacing and improvements. After the sewer and water utilities have been installed by the subdivider, the subdivider shall 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 and shall be incorporated into the construction plans required to be submitted to the subdivider for final subdivision approval. (2) Rights-of-way. Rights-of-way shall be in accordance with the following performance standard: a. Minimum right-of-way widths. Principal arterial, intermediate arterial FAS recommended by the State Department of Transportation j Minor arterial 80 feet Collector 70 feet Local 50 feet Parkway l00 feet Cul-de-sac 50 feet radius b. Rights-of-way are needed for future roadways in the opinion of the city. c. Right-of-way widths or additional widths in existing rights-of-way in excess of the standards designated in this chapter when, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of 3:1. (b) Railroads and limited-access roadways. Railroad rights-of-way and limited-access roadways where so located as to affect the subdivision of adjoining lands shall be treated as follows: (1) In residential districts, a buffer strip at least 25 feet in depth shall be provided adjacent to the railroad right-of-way or limited-access roadway. (2) In districts zoned for business,commercial or industrial uses,the nearest street extending parallel or approximately parallel to the railroad shall be at a sufficient distance to ensure suitable depth for commercial or industrial sites. (3) Streets parallel to the railroad when intersecting a street which crosses the railroad at grade shall be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be Final Draft page 33 determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients. (4) Roadways crossing the railroads shall be avoided. (c) Intersections. (1) Roadways shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle or less than 75 degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet from the intersection.Not more than two streets shall intersect at any one point unless specifically approved by the city. (2) Proposed new intersections along one side of an existing street shall coincide with any existing intersections on the opposite side of such street. Intersection jogs with centerline offsets of less than 150 feet shall not be permitted,except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect collectors or arterials„their alignment shall be continuous. Intersections of arterial roadways shall be at least 800 feet apart. (3) Minimum curb radius at the intersection of two local streets shall be at least 15 feet, and minimum curb radius at an intersection involving a collector street or local streets in a commercial or industrial area shall be at least 25 feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement. (4) Intersections shall be designed with a flat stopping area of at least 30 feet in a residential area and 60 feet in a commercial or industrial area. The stopping area shall be designed to provide a maximum grade of two percent. (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 shall 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 crown of all streets, including intersections, shall be three percent or less. Final Draft page 34 (d) Typical section. Typical sections shall be as prescribed in the Orono Standard Construction Details, as amended from time to time. Soil borings may be required to be determined by the city. (1) Private street, residential Units R.O.W.* M.P.W.** (feet) (feet) --- 3-6 --- 50 ----- --- 24 -- - -+_Over 6 5028 Cul de sac 50 radii 45 radii (2) Public street, residential Units R.O.W.* M.P.W.** (feet) (feet) 3-10 50 28 Over 10 50 32 r- Cul de sac—ja 50 45 radii Maximum cul-de-sac length= 1,000 feet Maximum number of units on cul-de-sac= 10 (3) Public street, commercial or industrial Units R.O.W.* M.P.W.** (feet) (feet) 1+ 70 f 32 Cul de sac 50 45 *Right-of-Way Width **Minimum Paved Width (e) Horizontal and vertical control. Horizontal and vertical control shall be as follows: T Vertical j Horizontal Functional Design Control Control Class Speed Maximum Minimum (mph) Gradient Radius (percent) (feet) Private street 30 12 275 (residential) Final Draft page 35 Public street 30 10 275 (residential) Public street (commercial and 40 8 400 industrial) Sec. 82-282.- Off-site premises; roadways. (a) Access to improved public or private roadways. No subdivision shall be approved unless the area to be subdivided shall have adequate access from an existing publicly dedicated and opened roadway or on a private roadway open to travel or vehicular use pursuant to an easement between persons or between persons and the city. Such roadway must be suitably improved as required by the city, the State or the county. If the public roadway, including but not limited to existing bridges, drainage structures, lighting, shoulders, base, pavement, alignment or sight distance, is not suitable to handle the proposed additional vehicular traffic from the subdivision,the subdivider at their 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 shall be accomplished prior to final subdivision approval unless the city agrees and the subdivider provides a suitable performance Bond to complete the improvements in the development contract. (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 shall be suitably improved as provided in this section for public roadways. Sec. 82-283.-On-site roadways. (a) Grading and improvement plan. Roadways shall be graded and improved to conform to the city's construction standards and specifications and shall be approved as to design and specifications by the city engineer, in accordance with the construction plans required to be submitted prior to final subdivision approval. (b) Topography and arrangement. (1) Roadways shall be related appropriately to the topography.Roadways shall be curved wherever possible to avoid conformity of lot appearance. All roadways shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the street. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. (2) All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights-of-way as established in the Community Management Plan. (3) All thoroughfares shall 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 shall 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. Final Draft page 36 (5) The gridiron roadway pattern need not necessarily be adhered to, and the use of curvilinear roadways or U-shaped roadways shall be encouraged where such use will result in a more desirable layout. (6) Cul-de-sacs shall be discouraged; proposed roadways shall be extended to the boundary lines of the tract to be subdivided unless prevented by topography or other physical conditions or unless in the opinion of the city such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts. (7) In business and industrial developments,the roadways and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provisions of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian. (c) Blocks. (1) Blocks should have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to arterial roadways,railroads or waterways. (2) In all blocks, the city shall require the reservation of an easement through the block to accommodate utilities,drainage facilities or pedestrian traffic.Pedestrian ways or crosswalks,not less than ten feet wide, may be required by the city through the center of blocks more than 800 feet long where deemed essential to provide circulation of access to schools, playgrounds, shopping centers,transportation or other community facilities.Blocks designed for industrial uses shall be of such length and width as may be determined suitable by the city for prospective use. (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 shall be provided from the arterial,and screening shall be provided in a strip of land along the rear property line of such lots. (2) A series of cul-de-sacs, 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 to the arterial at suitable points. (e) Road names and street addresses. The city shall name all roads at the time of preliminary subdivision approval and assign street addresses. Names shall be sufficiently different in sound and in spelling from other road names in the area so as not to cause confusion. A road which is or is planned as a continuation of an existing road shall bear the same name. (f) Road regulatory signs. All road signs shall be installed prior to issuance of building permits for any residence on the streets approved. The city shall place all signs at the developer's expense at all intersections within or abutting the subdivision, the type and location of which shall be approved by the city. (g) Reserve strips. The creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access from adjacent property to such street. (h) Construction of roads and dead-end roads. Final Draft page 37 (1) Construction of roads. The arrangement of streets shall provide for the continuation of streets between adjacent properties when such continuation is necessary for access, convenient movement of traffic, effective fire protection, for efficient provision of utilities, and where such continuation is in accordance with the city Community Management Plan.If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line and a temporary cul de sac provided. The city may limit the length of temporary dead-end streets in accordance with this chapter. (2) Dead-end roads (permanent). Where a road 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 shall not be nearer to such boundary than 50 feet. However,the city may require the reservation of an appropriate easement to accommodate drainage facilities,pedestrian traffic or utilities.A cul-de- sac shall be provided at the end of a permanent dead-end street in accordance with the city's construction standards and specifications. Sec. 82-284.-Road dedication and reservations. (a) New perimeter streets. Street systems in new subdivisions shall 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 shall 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 his own subdivision boundaries. (b) Widening and realignment of existing roads. Where a subdivision borders an existing narrow road or when the Community Management Plan or some other agency indicates plans for realignment or widening a road that would require use of some of the land in the subdivision,the subdivider shall be required to improve and dedicate at their expense such areas for widening or realignment of such roads. Such frontage roads and streets shall be improved and dedicated by the subdivider at their own expense to the full width as required by this chapter. (c) Use of reserved land. Land reserved for any road purposes may not be counted in satisfying yard or area requirements of chapter 78, whether the land is to be dedicated to the city in fee simple or an easement is granted to the city. Sec. 82-285.-Pedestrian access. The council may require sidewalks or other pedestrian trails in order to facilitate pedestrian access from the roads to schools,parks,playgrounds or other nearby roads. Sidewalks shall be five feet in width and trails no more than eight feet in width. Secs. 82-286-82-299.-Reserved. DIVISION 4. -CONSERVATION DESIGN Sec. 82-300.- Conservation design required. The following residential subdivisions shall be subject to the provisions of chapter 78, article XII with regards to conservation design. a. All proposed residential subdivisions greater than five acres in total area and proposing Urban medium or higher densities (greater than 3 units per acre) b. All proposed residential subdivisions greater than 7 acres and proposing 2 acre minimum lot size or smaller. Final Draft page 38 c. The City Council may waive this requirement due to the nature of the proposed subdivision. SECTION 2.EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 14th day of September, 2020 on a vote of 5 ayes and 0 nays by the City Council of Orono,Minnesota. ATTEST: JAYA_ Anna Carlson, City Clerk Dennis Walsh,Mayor Ordinance published in The Laker Pioneer newspapers the week of , 2020. Final Draft page 39