Loading...
Ordinance - 25-03: Amending Chapter 42: Article III, Section 42-105CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO. 25-03 AN ORDINANCE AMENDING CHAPTER 42: ZONING AND SHORELAND ORDINANCE, ARTICLE 111: SUBDIVISION/PLATTING, SECTION 42-105 THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA ORDAINS AS FOLLOWS: SECTION 42-105: SUBDIVISION & PLATTING RE GULATIONS All subdivisions of land submitted shall fully comply in all respects with the regulations to: 1) Provide for and guide the orderly, economic, and safe development of land, urban services and facilities. 2) Encourage well -planned, efficient, and attractive subdivisions by establishing adequate and impartial standards for design and construction. 3) Provide for the health, safety, and welfare of residents by requiring the necessary services such as properly designed streets and adequate sewage and water service. 4) Place the cost of improvements against those benefiting from their construction. 5) Secure the rights of the public with respect to public lands and waters. 6) Preserve natural features, such as topography, trees, water courses, scenic points, prehistoric and historical locations or districts. 7) Protect community assets, which if preserved will add attractiveness, retain the character of the community, and provide stability to the proposed development of the property and surrounding area. 8) Set the minimum requirements necessary to protect the public health, safety, comfort, convenience, and general welfare. 9) The enforcement, amendment, and administration of this chapter shall be consistent with the city's comprehensive plan, as may be amended from time to time. The council recognizes the comprehensive plan as the official policy for the regulation of land use and development in accordance with the policies and purpose herein set forth. In accordance with Minnesota Statutes, Chapter 473, the city will not approve any changes in these regulations that are not consistent with the city's comprehensive plan. 10) Shall conform to all applicable provisions of the zoning ordinance and city code requirements Scope of legal authority. This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, §§ 462.351 to 462.365. The rules and regulations governing plats and subdivisions of land contained in this chapter shall apply within the boundari es of the city. It is the intent that this chapter shall apply to all lots or parcels, platted or not platted, if it is the intent to develop the lots in a manner that uses two or more lots for development or resub divides any lots of record. This chapter is not intended to repeal, annul, or in any way impair or interfere with existing provisions of other laws or ordinances or with restrictive covenants running with the land except those specifically repealed by or in conflict with this chapter. More Restrictive Provision to Apply Where this chapter imposes a greater restriction upon land than is imposed or required by existing provisions of law, ordinance, contract, or deed, the provisions of this chapter shall control. The city shall have the power and authority to review, amend, and approve subdivisions of land already recorded and on file with the county if such plats are entirely or partially undeveloped. Administration. This chapter shall be administered by the city administrator or their designee. Amendments. The provisions of this chapter shall be amended by the city following a legally advertised public hearing before the planning commission. The city council shall amend the chapter by a majority vote of the full city council in accordance with the law, inclu ding the rules and regulations of any applicable state or federal agency. Approvals necessary for acceptance of subdivision plats. Before any plan (including condominiums), or subdivision of land shall be recorded or be of any validity, it shall be referred to the planning commission and approved by the city council as having fulfilled the requirements of this chapter. Conditions for recording. No plat or subdivision shall be entitled to be recorded in the county recorder's office or have any validity until the plat has been prepared, approved, and acknowledged in the manner prescribed by this chapter. Building permits. No building permits shall be issued by the city for the construction of any building, structure, or improvement to the land or to any lot in a subdivision until all requirements of this chapter have been fully complied with. Separability. It is hereby declared to be the intention of the city that the several provisions of this chapter are separable in accordance with the following: a) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment. b) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, such judgment shall not affect the application of said provision to any other property not specifically included in said judgment. Nonplatted subdivisions a) Registered land surveys. All registered land surveys shall be filed subject to the same procedures as required for the filing of a preliminary plat for platting purposes. The standards and requirements set forth in this chapter shall apply to all registered land surveys. b) Metes and bounds. Except in highly unique situations, as may be allowed by the city council, conveyances by metes and bounds shall be prohibited. Violations and penalty. 1. Sale or advertisement of lots from unrecorded plats. It shall be a misdemeanor to sell, trade, advertise for sale, or otherwise convey any lot or parcel of land as a part of, or in conformity with, any plan, plat, or replat of any subdivision or area located within the jurisdiction of this chapter unless such plan, plat, or replat shall have first been recorded in the county recorder's office. 2. Receiving or recording unapproved plats. It shall be unlawful for a private individual to receive or record in any public office any plans, plats of land laid out in building lots and streets or other portions of the same intended to be dedicated to public or private use, or for the use of purch asers or owners of lots fronting on or adjacent thereto, and located within the jurisdiction of this chapter, unless the same shall bear thereon, by endorsement or otherwise, the approval of the city council. 3. Misrepresentations. It shall be a misdemeanor as set forth in Minn. Stats. § 609.02 for any person owning an addition or subdivision of land within the city to represent that any improvement upon any of the streets or avenues of such addition or subdivision or any sewer or u tility in such addition or subdivision has been constructed according to the plans and specifications approved by the city council, or has been supervised or inspected by the city, when such improvements have not been so constructed, supervised, or inspected. 4. Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with all applicable laws. Violations may also be subject to civil enforcement including injunctive relief, stop work orders, and denial of permits or city services pursuant to Minn. Stat. § 462.362 Schedules of administrative fees, charges, and expenses. (a) Fees and charges, as well as expenses incurred by the city for engineering, planning, attorney, and other services related to the processing of applications under this chapter shall be paid for by the applicant and collected by the city administrator f or deposit in the city's accounts. Fees for the processing of requests for platting, major and minor subdivisions, review of plans, and such other subdivision -related procedures may from time to time be established by city council resolution. The city coun cil may also establish fees by resolution for public hearings, special meetings, or other such city council or planning commission actions as are necessary to process applications. (b) Such fees and charges (as well as a deposit/escrow) shall be collected prior to city action on any application. All such applications shall be accompanied by a written statement from the applicant/owner (when the applicant is not the same person or entity as the landowner, both the owner and the applicant must sign the statement) whereby the applicant/owner agrees to pay all applicable fees, charges, and expenses as set by city resolution as provided above, and which allows the city to assess the fees, charges, and expenses described in this section against the landowner if such monies are not paid within 30 days after a bill is sent to the applicant/landowner. (c) These fees shall be in addition to building permit fees, inspection fees, trunk stormwater facility costs, sewer and water availability charges, zoning fees, charges, expenses, and other such fees, charges, and expenses currently required by the city o r which may be established by city council resolution in the future. Procedures for Filing and Review Sketch plan. (a) Procedure. In order to ensure that all applicants are informed of the procedural requirements and minimum standards of this chapter, and the requirements and limitations imposed by other city ordinances, plans, and/or policies prior to the preparation of a preliminary plat, all applicants shall present a sketch plan to the city administrator prior to filing a preliminary plat. Submission of a sketch plan shall not start the 60 -day review period, as required by state law, for consideration of a preliminary plat. The c ity administrator shall review the sketch plan and schedule a meeting with the applicant to discuss the subdivision and the application process. Approval of a sketch plan shall not be considered binding regarding subsequent plat review. The city administrator may, with agreement of the applicant, refer the sketch plan to the planning commission and/or city council for review and comment. (b) Submission requirements . The following are required for the submission of a sketch plan for review: (1) Written request for sketch plan review. (2) An electronic copy at a readable scale of the plat sketch including the following minimum information: a. Plat boundary. b. North arrow. c. Scale. d. General location of proposed streets, easements, pedestrian paths, ponds, water detention areas, etc. e. Designation of land use and current and proposed zoning. f. Significant topographical or physical features. g. General lot locations and layout. (3) Escrow deposit, as determined necessary by the city administrator to pay review costs of city staff and consultants. Preliminary plat. Pursuant to Minn. Stats. § 15.99, an application for a preliminary plat shall be approved or denied by the city council within 60 days from the date of its official and complete submission, unless notice of extension is provided by the city or a time waive r is granted by the applicant. The city may extend the review and decision -making period an additional 60 days to the extent allowed by state law. a) After the pre -application meeting and following city review of the sketch plan, the applicant may prepare a request for subdivision, as provided within this chapter, that shall be filed with the city on an official application form. Such an application shall be accompanied by a fee as provided for by city council resolution. Such application shall also be accompanied by and electronic copy of the preliminary plat, and supportive information in conformity with requirements of this chapter. The scale of such materials shall be at the graphic scale of one inch to 20 feet, except as specifically approved by the city administrator. The request shall be considered officially submitted and the application approval timeline commences only when all the informational requirements, as required, are complied with and the required fees are paid. b) The applicant shall supply an up -to-date certified abstract of title, registered property report, or such other evidence as the city attorney may require showing title or control of the applicant, and the legal description of the property for which the subdivision is requested. c) The applicant shall submit any necessary applications for variances from the provisions of this chapter, as set out in article II of this chapter. d) Upon receipt of the completed application, the city administrator shall set a public hearing for public review of the preliminary plat by the planning commission. The notice of the hearing may be a legal or display advertisement and shall include a description or depiction that is sufficient to fulfill statutory requirements that shall be published in the official newspaper at least ten (10) days prior to the hearing. Written notification of the hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the records of the proceedings. The city shall post a sign on the property to notify the public that the land in question is the subject of a hearing by the planning commission or city council. e) Failure of a property owner to receive such notice shall not invalidate any such proceedings as set forth within this section, provided that a bona fide attempt has been made to comply with the notice requirements of this section. f) The city administrator shall instruct the staff as appropriate to prepare technical reports and provide general assistance in preparing a recommendation on the action to the planning commission and city council. This may include the city planner, city engineer, city building official, the fire marshal, the city attorney, the city forester, or public or private utility departments, among others. g) The applicant shall refer copies of the preliminary plat to county, state, or other public jurisdictions for their review and comment, where appropriate and when required. h) The city administrator, the city council, and/or planning commission shall have the authority to request, in writing, additional information from the applicant concerning the proposed subdivision and its operational factors or impact, or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors or impacts, when such information is to be declared necessary to comply with performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information shall be grounds for denial of the request. i) The applicant or a designated representative shall appear before the planning commission at the public hearing to answer questions concerning the proposed request. j) The planning commission shall make its report to the city council after the close of public hearing, or soon thereafter, as described above. City Council Action, Upon completion of the report of the planning commission, the request shall be placed on the agenda of the city council. Such report shall be entered in and made part of the permanent written record of the city council meeting. Upon receiving the report of the planning commission, the city council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the p ublic health, safety, and welfare. The city council may refer the matter back to the planning commission for further consideration. The city council shall provide the planning commission with a written statement detailing the specific reasons for referral. Approval of the preliminary plat by the city council shall require passage by a majority vote of the entire city council. If the preliminary plat is approved, such approval shall not constitute final acceptance of the design and layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this chapter to be indicated on the final plat. The city council may impose such conditions and restrictions as it deems appropriate or require such revisions or modifications in the preliminary plat or final plat as it deems necessary to protect the health, safety, comfort, general welfare, and convenience of the city. If the preliminary plat is not approved by the city council, the reasons for such action shall be recorded in the proceedings of the city council and shall be transmitted to the applicant as a finding of fact. The city council reserves the right to decline approval of a preliminary plat if due regard is not shown for the following considerations. Review of the preliminary plat shall also be subject to the criteria for denial of plats found in other sections of t his code: a) Preservation, to the extent possible, of the existing topography as specified in this chapter. b) Preservation of trees and vegetative growth. c) Preservation of natural water courses as specified in the general floodplain ordinance. d) Preservation of historic locations and districts as specified in this Code. e) Integration with existing neighborhoods and districts which, if preserved, will add attractiveness, retain character of the community, and provide stability to the proposed development of the property and surrounding area. Residential area integration shal l include factors such as housing density, building pad layout, lot size, and design as it relates to the surrounding lots and neighborhood character. Commercial area integration shall include factors such as lot size and width and site issues as specified in this chapter. f) Following city council approval of a preliminary plat, the applicant must submit a final plat to the city within 120 days of preliminary approval. If this procedure is not followed, then approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing by the applicant 30 days prior to the lapse of approval and subsequently approved by the city administrator. g) Should the applicant desire to amend a preliminary plat as approved, an amended preliminary plat may be submitted. The city may require the applicant to follow the same procedure as a new preliminary plat. No public hearing will be required unless the amendment, in the opinion of the city, is of such scope as to constitute a new preliminary plat. A filing fee as established by the city council shall be charged for the amendment processing. Submission requirements . The applicant shall prepare and submit a preliminary plat, together with any necessary supplementary information. The preliminary plat shall contain the information set forth in the subsections that follow (upon specific request, the city administrator ma y exempt an applicant from the submission of data that are not considered relevant to the application). General requirements. The proposed name of the subdivision; names shall not duplicate or be alike in pronunciation to the name of any plat theretofore recorded in the city . a) Location of boundary lines in relation to a known section, quarter section, or quarter-quarter section lines comprising a legal description of the property. b) Name, address, and phone number of the record owners, any agent having control of the land, the applicant, land surveyor, engineer, and designer of the plan. c) Graphic scale of one inch to 20 feet, except as specifically approved by the city administrator. d) North point and key map of the area, showing well -known geographical points for orientation within a one -half-mile radius. e) Applications, statements, and supporting documentation and plans for rezoning, variances, or conditional use permits approvals being sought for the subdivision. f) A tree preservation and protection plan, that shows those trees proposed to be removed, those to remain, and the types and locations of trees and other vegetation that are to be planted in conformance with city requirements. Existing conditions. Boundary lines to include bearings, distances, curve data, and total acreage of proposed plat, clearly indicated. a. Existing zoning classifications for land in and abutting the subdivision. b. Total area of the proposed plat. c. Location, right-of-way width, and names of existing or platted streets or other public ways, other rights -of-way, parks and other public lands, permanent buildings and structures, easements and section, corporate lines within the plan, to a distance 150 feet beyond the plat. d. Boundary lines of adjoining unsubdivided or subdivided land, within 150 feet of the plat, identified by name and ownership, including all contiguous land owned or controlled by the applicant. e. Any reports on the environmental condition of the site conducted prior to the time of application submission for the proposed subdivision. f. Where the applicant owns property adjacent to that which is being proposed for the subdivision, it shall be required that the applicant submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be required to integrate well with existing or potential adjacent subdivisions and land uses and the provisions of the city's adopted comprehensive plan. g. Topography in two-foot contour intervals with existing contours shown as dashed lines and proposed contours as solid lines. Existing topography shall extend 100 feet outside of the tract or a distance necessary to demonstrate the impact of surface drainage upon surrounding properties. h. Location, size, and elevation of all existing natural features including, but not limited to, wooded and vegetated areas, marshes, watercourses, water bodies, areas of steep slope, and other significant features. i. Location of all existing storm drainage facilities including, but not limited to, pipes, manholes, catch basins, ponding areas, swales, and drainage channels within 100 feet of the parcel. Existing pipe grades, rim and invert elevations, and ordinary high water mark shall be shown. Also, spot elevations at drainage break points and direction arrows indicating site, swale, and lot drainage. j. The delineation of all wetlands in accordance with criteria established by the Army Corps of Engineers and/or state department of natural resources. Such wetland delineations shall be performed by a registered land surveyor or engineer recognized as qualified by the Army Corps of Engineers and/or state department of natural resources. k. 100-year floodplain elevations and the regulatory flood protection elevation taking into consideration the flood insurance study and flood insurance rate map. l. Location and size of existing sewers, water mains, culverts, or other underground facilities within and extending 100 feet beyond the proposed subdivision boundary. Such data as grades, invert elevations, and location of catch basins, manholes, and hydrants shall also be shown. Proposed design features. Layout of proposed streets showing the right -of-way widths, centerline gradients, roadway widths, typical cross sections, and proposed names of streets in conformance with city street identification policies. The name of any street heretofore used in the city or its environment shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. Complete curve data, including radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs. Locations and widths of proposed pedestrian ways. Location, dimension, and purpose of all easements. Layout, numbers, lot areas, and preliminary dimensions of lots and blocks, and out lots. Minimum front and side street building setback line. When lots are located on a curve, the width of the lot at the building setback line, as defined by the city zoning ordinance, as amended. Building pads intended for construction. A parking plan and lighting plan for the development. A security plan for the development. Areas, other than streets, bikeways, pedestrian ways, and utility easements, intended to be dedicated or reserved for public use, including the size of such areas in acres. Supplementary information. Any or all of the supplementary information requirements set forth in this subsection shall be submitted when deemed necessary by the city administrator, or by a majority vote of the planning commission and/or city council to adequately address the application and site in question. 1. Proposed protective covenants or private restrictions. 2. A traffic study to include trip generation data and an analysis of the impact to the city's roadways and intersections. The information to be included in the study and the analysis methods shall be subject to the approval of the city engineer. 3. Statement revealing the effect of the development on fire hazards and population density. The applicant may be required to have formal studies performed to the city's satisfaction which show the effect of the proposed development on fire hazards or othe r matters of public concern. 4. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights in the applicant. 5. Where structures are to be placed, lots that exceed the area required by the zoning ordinance, the preliminary plat shall indicate a logical way in which the lots could possibly be re -subdivided in the future. 6. An environmental assessment worksheet (EAW) shall be submitted if required by the city council, or if requested by Minnesota Environmental Quality Board. Whenever a project that does not require an environmental assessment worksheet is suspected to have the potential for environmental effects, the state, county, or city may require the preparation of a discretionary environmental assessment worksheet in order to determine whether an environmental impact statement is needed. 7. Where irregular shaped lots have been proposed, house pads shall be depicted which demonstrate such lots to be buildable. 8. Soil tests as required by the city engineer. 9. Such other applicable information as may be required by the city. Preliminary grading plan. The applicant shall submit a preliminary grading, drainage, and erosion control plan which shall include the following information: 1. North arrow. 2. Graphic scale of one inch to 20 feet, except as specifically approved by the city administrastor. 3. Lot and block numbers. 4. Building pad locations, proposed building types, and proposed elevations. 5. Location and elevations of all street high and low points. 6. All street design grades and typical street sections. 7. Phasing of grading. 8. The location, dimensions, and purpose of all drainage and utility easements. 9. A plan for soil erosion and sediment control both during construction and after development has been completed. The plan shall include gradients of waterways, design of velocity and erosion control measures, design of sediment control measures, and land scaping of the erosion and sediment control system. Locations and standard detail plates for each measure shall be included on the plan. 10. All revegetation measures proposed for the subdivision, including seed and mulch types and application rates, shall be included on the plan. 11. All existing conditions shall be included on the grading plan, as required by the city engineer. Preliminary utility plan. 1. Location, dimension, and purpose of all drainage and utility easements. 2. Water mains shall be provided to serve the subdivision by extension of an existing community system. Service connections shall be stubbed into the property line and all necessary fire hydrants shall also be provided. All water systems shall be looped in accordance with the subdivision design standards of the city and as required by the city engineer. Extensions of the public water supply system shall be designed to provide service in accordance with design standards approved by the city engineer. 3. Sanitary sewer mains and service connections shall be planned in accordance with the subdivision design standards of the city and as approved by the city engineer. 4. Locations, grades, rim and inverted elevations, and sizes of all storm and sanitary sewers and opportunities to serve the proposed subdivision. 5. Location and size of all proposed water mains and appurtenances. 6. All existing conditions shall be included in the grading plan, as required by the city engineer. Final plat. After the preliminary plat has been approved, a final plat shall be submitted for review as set forth in the subsections which follow. The city may agree to review the preliminary and final plat simultaneously. The final plat shall incorporate the changes, modifications, and revisions required by the city as part of the conditions for preliminary plat approval. (1) All final plats shall comply with the provisions of state statutes and requirements of this chapter. (2) Review of a final plat. a. Pursuant to Minn. Stats. § 15.99, an application for a final plat shall be approved or denied by the city council within 60 days from the date of its official and complete submission, unless notice of extension is provided by the city or a time waiver is granted by the applicant. The city may extend the review and decision - making period an additional 60 days to the extent allowed by state law. b. Five large scale (22 inches by 34 inches) copies, and one reduced scale (11 inches by 17 inches) copy of the final plat, and supportive information in conformity with the requirements of this chapter shall be submitted by the applicant. The scale of such materials shall be at a graphic scale of one inch to 20 feet, except as specifically approved by the city manager administrator. If the final plat is referred to the planning commission for recommendation, additional large scale copies of the plat may be required. Upon receipt of a final plat, copies shall be referred to the city council and city manager administrator, and to all applicable utility companies and county and state agencies. The applicant shall provide an up -to-date certified abstract of title, registered property report, or such other evidence as the city attorney may require showing title o r control of the applicant. c. The city council may refer the final plat to the planning commission for recommendation if it is found that the proposed final plat is substantially different from the approved preliminary plat or the requirements of the preliminary plat are not resolve d. In such cases, the planning commission shall submit a report thereon to the city council within 45 days. d. The city administrator shall, as appropriate, submit reports and recommendations to the city council. e. Prior to city council approval of a final plat, the applicant shall have executed a subdivision agreement with the city, which controls the installation of all required improvements and ensures compliance with all conditions of approval. The agreement shall specify whether public or private financing of improvements or a combination of both shall be used for the development improvements. Such agreement shall also require all improvements and approval conditions to comply with approved engineering standards and applicable regulations. f. Approval of a final plat by the city council shall be by a majority vote of the entire city council. g. Upon receiving an approved final plat in conformance with the requirements of the city, the designated representatives of the city shall sign the plat, and the applicant, as a condition of approval, shall record the approved and signed final plat with the county registrar of deeds within 60 days, or the approved final plat shall be considered void. h. The applicant shall, within 30 days of recording, furnish the city with three blue or black line prints, two mylars (22 inches by 34 inches) of the final plat showing evidence of the recording, one reduced scale (11 inches by 17 inches) copy of the plat, and a digital copy in a format acceptable to the city engineer. Failure to furnish such copies shall be grounds for refusal to issue building permits for lots within a plat. Submission requirements . The applicant shall submit a final plat together with any necessary supplementary information. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of state statutes and county regulations, and such final plat o r accompanying submittals shall contain the following information: (1) Name of the subdivision which shall not duplicate or closely approximate the name of any existing plat theretofore recorded in the city and which shall be subject to city council approval. (2) The name, address, and telephone number of the applicant/developer. (3) Location by section, city, range, county, and state, and including descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions. (4) The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such refere nce points or monuments. The applicant shall provide coordinating data on all subdivision monumentation in a format approved by the city engineer. (5) Location of lots, out lots, streets, public highways, and parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines. (6) Lots and out lots shall be numbered clearly, blocks are to be numbered, with numbers shown clearly in the center of the block. (7) A drawing or listing of total square footage per lot, acreage per block, and total acres in the plat. (8) The exact locations, widths, and names of all streets to be dedicated. (9) Location, purpose, and width of all easements to be dedicated. (10) Name, registration, address, and phone number of surveyor making the plat. (11) The scale of the plat to be one inch to 20 feet to be shown graphically on a bar scale, date, and north arrow. (12) The applicant shall submit with the final plat certification to the city that there are no delinquent property taxes, special assessments, interest, or utility fees due upon the parcel of land to which the subdivision application relates. (13) Deed restrictions and protective covenants which involve a matter of public concern. (14) Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under, and along the designated areas marked "drainage and utility easements." (15) Statement dedicating all streets and other public areas not previously dedicated as follows: Streets and other public areas shown on this plat and not heretofore dedicated to public use hereby so dedicated. (16) A statement certifying the environmental condition of the site including the presence of any hazardous substance as defined by Minn. Stats. § 115B.02. Such a statement may be required to be based upon an environmental assessment of the site by an envi ronmental engineering firm acceptable to the city. (17) Final grading, utility, and development plans shall be prepared in accordance with current federal, state, county, and city specifications. (18) Such other information that may be required by the city. Certification required. Certification by registered surveyor in the form required by Minn. Stats. § 505.03. Execution by all owners of any interest in the land and holders of a mortgage thereon of the certificates required by Minn. Stats. § 505.03, and which certificate shall include a dedication of the utility easements and other public areas in such form as ap proved by the city council. Space for certificates of approval and review to be filled in by the signatures of the mayor and city manager administrator in the following form: For Approval of the City: This plat of (name of plat) was approved and accepted by the City of Spring Park, Minnesota, at a regular meeting thereof held this _____ day of ___________, A.D. ___. CITY COUNCIL OF SPRING PARK, MINNESOTA Resubmission of a final plat. Whenever a final plat has been considered and denied by the city council, a similar application and proposal affecting the same property shall not be considered again by the planning commission or city council for at least six months from the date of its denial, except as follows: (1) If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous application have changed significantly. (2) The city council may reconsider such matter by a majority vote of the full city council. Land requirements. Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if the site or surrounding area is not suitable for the purposes proposed by reason of potential flooding, topography, or adverse soils. Land subject to hazards to life, health, or property shall not be subdivided until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the subdivision plan. Proposed subdivisions shall be coordinated, if necessary, with surrounding jurisdictions and/or neighborhoods, so that the city as a whole may develop efficiently and harmoniously. Subdivision design standards and construction. Subdivision design and construction standards, as they relate to grading, street, and utility improvements for subdivisions under this chapter, shall be adopted by ordinance of the city council and found as an appendix to these regulations. These design standards may be amended from time -to-time by resolution. The subdivision design features as adopted by the city are minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets, and overall subdivision design, as deemed appropriate based upon site considerations and the comprehensive plan. Subdivision design standards, as they relate to lot design and layout are as follows: (1) Area. The minimum lot area, width, and depth shall not be less than that established by the zoning ordinance in effect at the time of adoption of the final plat. (2) Corner lots. Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in the zoning ordinance. When lots are located on a curve or when side lot lines are at angles other than at 90 degrees, the w idth of the building setback lines shall be shown. (3) Side lot lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. (4) Frontage. Every lot shall have the minimum frontage on a city approved public street, as required in the zoning ordinance. (5) Setback lines. Setback lines shall be shown on the preliminary plat for all lots and shall not be less than the setbacks required by the zoning ordinance, as may be amended. (6) Watercourses. Lots abutting a lake, watercourse, wetland, ponding area, or stream shall have additional depth and width, as required under the provisions of the zoning ordinance. (7) Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic locations, or similar conditions which if preserved will add attractiveness and stability to the proposed development. (8) Lot remnants. All remnants of lots below minimum size, except out lots created for specific public or private recreational use, must be added to adjacent lots, rather than allowed to remain as unusable parcels. (9) Political boundaries. No singular plat shall extend over a political boundary without document notification to the affected units of government. (10) Private streets. No new private streets shall be approved by City Council. (11) Frontage on two streets. Double-frontage, or lots with frontage on two parallel streets, shall not be permitted except: where lots back on arterial streets or highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots s hall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. (12) Access to arterial streets. In the case where a proposed plat is adjacent to a limited access highway, other major highway, or other arterial street, there shall be no direct vehicular access from individual lots to such streets and roads. (13) Alleys. No new residential alleys shall be permitted. (14) Length. Block lengths shall not exceed 1,400 feet, and if possible, should not be less than 500 feet in length. (15) Arrangement. A block shall be so designated as to provide two tiers of lots, unless it adjoins a railroad or limited access highway and unless topographical conditions necessitate a single tier of lots. (16) Pedestrian ways. In blocks over 500 feet long, a pedestrian way or easement may be required in locations deemed necessary to public health, convenience, and necessity. Such an easement shall not be less than 15 feet in width. (17) Lots along thoroughfares. Residential lots shall be separated from major thoroughfares and railroad rights -of-way by a minimum of a 15-foot buffer strip, which may be in the form of added depth or width of lots backing on or siding on a thoroughfare or railroad right -of-way. A screen planting easement shall be granted to the city and shown upon the plat for the 15 -foot buffer strip, if it adjoins a major thoroughfare. (18) Outlots. In such cases where out lots are created or exist, their area shall not be utilized in calculating minimums for buildable lot area requirements. Such out lots are also prohibited from qualifying for building permits except for public uses and private recreational uses accessory to allowable uses within the respective zoning district and which are properties under common ownership. (19) Flag lots. Flag lots shall be prohibited unless the lot frontage conforms with the minimum specifications within the city zoning district standards. In addition, under those instances where future subdivision of lots is feasible, a minimum public right-of-way pursuant to standards in this chapter shall be provided and dedicated to the city. Planned unit developments and condominium subdivisions. Planned unit development (PUD) and condominium subdivisions designed as a PUD shall comply with all applicable minimum requirements of the city zoning ordinance relating to construction of roadways, setbacks, and other matters as specified in a development agreement, as approved by the city council. Sidewalks, trails, and pedestrian ways. Adequate provisions for pedestrian and bicycle movement within the subdivision along the subdivision, and to adjoining property shall be provided in compliance with the comprehensive plan and policies established by the city council. All sidewalks, trails, and pedestrian paths shall be designed and constructed according to established city standards. Cross reference— Streets, sidewalks, and other public places Public utilities. (a) All extensions of public utilities, including water and sanitary sewer systems, shall be approved by the city engineer. (b) Extensions of the water supply system shall be designed so as to provide public water service to each lot. All water systems located in flood prone areas, whether public or private, shall be floodproofed to a point at or above the regulatory flood prot ection elevation. Water systems shall be in accordance with the subdivision design standards and the requirements of the city engineer. (c) Extension of the sanitary sewer system shall be designed so as to provide public sewer service to each lot. Cross reference— Utilities, Drainage. All subdivisions shall be in compliance with the rules and requirements of the Minnehaha Creek Watershed District. A complete and adequate drainage system design shall be required for the subdivision and may include a storm sewer system or system of open d itches, culverts, pipes, catch basins, ponding areas, and treatment or a combination thereof. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage and be pretreated prior to being discharged. Pretreat ment shall be considered satisfactory if the project meets the water quality requirements of the City of Spring Parks Engineering Design Standards, as well as Article 36 of the Zoning Code. Easements. (a) All easements shall be dedicated by appropriate language on the final plat as required by law and provisions of this chapter. (b) Easements of not less than ten feet for drainage and public and private utilities shall be provided on front lot lines and centered on rear, side, and other lot lines as approved by the city council. When it is not practical to center easements, the fu lly required easement width may be required along one property line. Such easements shall have continuity of alignment from block to block. The easements, when approved, shall not thereafter be changed without the approval of the city council pursuant to e stablished city regulations, as may be amended. (c) Easements shall be provided along each side of the centerline of any natural water course or drainage channel to a width sufficient to provide proper maintenance and protection and to provide stormwater runoff. Where necessary, drainage easements corresponding with lot lines shall be provided. Such easements for drainage purposes shall not be less than 20 feet in width or a width equal to the required side yard setback established by the respective zoning distric t in which the property is located, whichever is least. (d) Easements established over wetlands and major gas pipelines, or major electrical transmission easement areas shall be excluded from the calculation of minimum lot area as defined by this chapter. (e) The city may at its discretion choose to require out lots rather than easements for wetlands, drainageways, and other natural features. (f) Sightline easements beyond required zoning setback regulations may be required by the city, county, and state highway department to protect major intersections on the street and highway system. Erosion and sediment control. (a) The development shall conform to the natural limitations presented by topography and soil to create the least potential for soil erosion. All erosion sediment control measures and land disturbing activities shall comply with the subdivision design stan dards, the City's Engineering Design Standards of the Zoning Code, and as required by the city engineer. (b) Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion. (c) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. (d) In the event that permanent stabilization cannot be feasibly obtained within 14 days after construction activity in that portion of the site has temporarily or permanently ceased, and seven days if discharge points are located within one -mile of an impaired or special waterbody, temporary soil stabilization BMPs must be implemented within the timeframe. (e) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The soil shall be restored to a depth of four inches and shall be of a quality at least equal to the soil quality prior to development. Protected areas. Where land proposed for subdivision is deemed environmentally sensitive by the city due to the existence of water bodies, wetlands, drainageways, watercourses, floodable areas, vegetation, steep slopes, or historic sites, the design of such subdivision sha ll clearly reflect all necessary measures of protection to ensure against adverse environmental impacts. Such measures, when deemed appropriate by the city, may include, but shall not be limited to, the following: (1) The establishment of easements and/or outlots over wetlands, drainageways, watercourses, and water bodies. (2) The implementation of flood control measures. (3) The enlargement of lots or redesign of the subdivision. (4) The submission of a tree preservation and replacement plans and subject to the review of the city engineer and approval of the city council. (5) The utilization of appropriate erosion control measures, subject to approval by the city engineer. (6) Soil testing to determine the ability of the proposed subdivision to support development. (7) Structure conformance to the natural limitations presented by the topography and soil so as to create the least potential of soil erosion. Tree preservation and replacement. All subdivisions shall comply with any provisions of the city Code relating to the management, protection, and care of significant trees and other vegetative growth in the city. Dedication of stormwater holding areas or ponds. The applicant may be required to dedicate to the public land for stormwater holding areas or ponds. The stormwater holding area dedication shall not be considered part of the dedication for parks and recreation purposes or trail/bikeway purposes. Maintenan ce of stormwater holding ponds or other water retention areas is the responsibility of the applicant for the first five years, and cash shall be held by the city for pond maintenance under the provisions of the subdivision agreement. Maintenance of private open space. If certain land areas or structures are provided within the subdivision for private recreational use or as service facilities, the owner of such land and buildings shall enter into an agreement with the city to ensure the continued operation and maintenanc e to a predetermined reasonable standard. These common areas may be placed under the ownership of one of the following depending upon which the city shall determine is most appropriate: (1) Dedicated to public where community -wide use would be anticipated; (2) Applicant's ownership and control; or (3) Property owners' association ownership and control, provided all of the following conditions are met: a. The property owners' association must be established prior to the sale of any lot; b. Membership must be mandatory for each owner and any successor in interest; c. The open space restrictions must be in perpetuity, not for a given period of years; d. The association must be responsible for liability insurance, local taxes, and the maintenance of the recreational area and facilities; e. Landowners must pay their prorated share of the cost and any assessment levied by the association that can become a lien on the property in accordance with law; and f. The association must be able to adjust the assessment to meet changed needs. Improvements required. Prior to the approval of a final plat by the city council, the applicant shall have agreed, in the manner set forth in this section, to install the following improvements on the site when required by the city council, in conformity with approved constructi on plans and in conformity with all applicable standards and ordinances: (1) Monuments shall be placed at all block corners, angle points, points of curves, in streets, and at intermediate points as shown on the final plat and as required by the city engineer. Pipes or steel rods shall be placed at the corners of each lot and at each intersection of street center lines. All United States, state, county, or other official benchmarks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position. All monuments shall be set in accordance with Minn. Stats. ch. 505. (2) The full width of the right -of-way of each street dedicated in the plat shall be cleared and graded as outlined in the subdivisions design standards of this chapter. (3) All streets shall be improved with concrete or bituminous surface, except as may be approved by action of the city council as part of a subdivision agreement. Pavement standards are outlined in the subdivision design standards of this chapter. (4) Public water facilities shall be installed in accordance with the standards and specifications as outlined in the subdivision design standards of this chapter and subject to the approval of the city engineer, at the expense of the applicant. (5) Public sanitary waste disposal systems shall be installed in accordance with the standards and specifications as outlined in the subdivision design standards of this chapter and subject to the approval of the city engineer, at the expense of the applicant. (6) Concrete curb and gutter, as recommended by the city engineer and approved by the city council, shall be installed along both sides of all streets to the standards listed in the subdivision design standards of this chapter. (7) Such facilities and easements shall be installed at the expense of the applicant under city approval and will adequately provide for the drainage of surface waters, and a storm sewer system may be required. Drainageway easements or land dedication may be required when such easements or land is needed in the public interest for purposes of floodplain management, proper drainage, wetland protection, prevention of erosion, pedestrian access to water bodies, or other public purpose. (8) All utilities including, but not limited to, telecommunications, electric and/or gas lines, shall be placed as outlined in the subdivision design standards of this chapter. (9) Where a larger size water main, sanitary sewer, storm sewer, storm drain, or similar facility is required to serve areas outside the subdivision than would be required by the subdivision design standards, the incremental cost for the larger facility shall be at the city's expense, unless provided for as outlined in the subdivision agreement. (10) Street name signs, traffic control signs, pavement marking, and other improvements as required by the city engineer shall be installed and paid for by the applicant. Construction plans, inspection, and warranty. Construction plans for the required improvements conforming in all respects with the standards and ordinances of the city shall be prepared at the applicant's expense by a professional engineer who is registered in the state, and such plans shall contain p rofessional certification. Such plans, together with the quantities of construction items, shall be submitted to the city engineer for an estimate of the total costs of the required improvements and recommendations to the city council. Upon city council ap proval, such plans shall become a part of the required written agreement. The mylar copies of the plans approved by the engineer, plus four prints, shall be furnished to the city to be filed as a public record. All required improvements on the site that are to be installed under the provisions of this chapter shall be constructed under the periodic observation of the city, at the applicant's expense, and acceptance by the city shall be subject to the city enginee r's certificate of substantial compliance with the contract. The applicant and/or developer shall provide to the city a written warranty of a minimum of two years that all required improvements on the site meet or exceed all city standards, that such improvements have been inspected and tested in regards to the city standards, and a warranty bond for 150 percent of the city engineer's estimate of the cost of the improvements. The applicant and/or developer shall be responsible for having all such inspections and testing completed at their expense. Any work which, in the opinion of the city engineer, does not meet the specifications set forth in this section shall, upon written order from the city engineer, be removed immediately and replaced, or corrected and paid for by the applicant. The cost of a ll inspection and supervision required to ensure correction of the unacceptable work and all tests necessary to ensure that such faulty work has been corrected shall be paid for by the applicant. The city will not accept any street for permanent maintenanc e until after correction of faulty or unacceptable construction. Installation of improvements. The required improvements listed are to be furnished and installed at the sole expense of the applicant. If any improvement installed within the subdivision will be of substantial benefit to land beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement, representing the benefit to such lands, to be allocated in accordance with city policies. The city reserves the right to elect to install all or any portion of the improvements required under this section pursuant to state statutes, as may be amended. The city may require the applicant to post a financial guarantee, as outlined to ensure paymen t of assessments for the costs of installing the required improvements. Development Agreement. (a) Private installation of improvements. (1) Prior to approval of the plat and the installation of any required improvements, the applicant shall enter into an agreement in writing with the city requiring the applicant/developer to furnish and construct such improvements at their sole cost and in accordance with plans and specifications and usual contract conditions. This shall include provision for observation of details of construction by the city. The agreement shall require all public and private utility material standards and installation requirements be met and shall be approved by the city engineer. (2) The agreement shall require the applicant to make a financial guarantee as determined by the city. The amount of the deposit or penalty amount of the security is to be based on the applicant’s estimate of the total cost (to be reviewed and approved by the City Engineer) of the improvements to be furnished under the contract, including the cost of inspection. The deposit or penalty amount shall equal 150 percent of the applicant’s estimate. (3) On request of the applicant, but at the sole discretion of the city, the agreement may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat. In such event, and if evidence is presented that the work described and improvements have been paid for, the amount of the deposit or bond may be reduced in a sum equal to the estimated cost of the improvements so completed prior to the acceptance of the plat. (4) The time for completion of the work and the several parts of such work shall be determined by the city council, upon recommendation of the city engineer after consultation with the applicant. It shall be reasonable with relation to the work to be done, the seasons of the year, and proper coordination with construction activities in the plat and subdivision. (b) City installation of improvements. (1) Any person desiring to have utility and street improvements installed may request the city to install them, subject to the conditions set out in subsection (b)(2) of this section and to the approval and authorization thereof by the city council and as authorized by state law. (2) If approved by the city council, the person requesting the installation of such utility and street improvements shall supply a security amount approved by the city guaranteeing payment for the installation of the improvements in an amount based on the city engineer's estimate of the total cost of the improvements to be installed. The deposit or penalty amount shall equal 150 percent of the city engineer's estimate of the cost of installation of the improvements. The security to be supplied to the city s hall be payable on such terms and conditions as found by the city council to be reasonable and necessary to ensure that the costs of the improvements are properly secured and paid. The terms of the subdivision agreement shall provide that the city shall install the on -site public utility improvements within three years from the date of the plat and within such period the subdivider shall pay for all costs of such improvements. Any balance remaining after such improvements have been made and paid for shall be returned to the applicant. If insufficient cash is held in escrow to pay for the improvements, special assessments shall be levied for the purpose of paying for the same. The city council shall have the privilege of extending the three -year period available for construction of improvements. Financial guarantee. The agreement shall require the applicant to make a financial guarantee as determined by the city. The escrow deposit, certified check, irrevocable letter of credit, or other guarantee shall conform to the requirements of this section. (b) Escrow deposit; certified check. (1) If an escrow deposit or certified check is required, the escrow deposit or certified check shall be made out to the city in a sum equal to 150 percent of the total costs calculated by the city for all the improvements to be furnished and installed by the applicant pursuant to the contract, which have not been completed prior to approval of the plat. An additional cash deposit shall be furnished for costs of city inspections, and any necessary review by the city engineer and city attorney. Such deposit shall be equal to a sum determined by the city engineer. (2) The city shall be entitled to reimburse itself out of such deposit or check for any cost and expense incurred by the city for completion of the work in case of default of the applicant under such agreement, and for any damage sustained on account of any breach of such agreement. (3) Upon completion of the work and termination of any liability, the balance remaining in such deposit or check from this subsection (b) shall be refunded to the applicant upon approval by the city engineer. (c) Irrevocable letter of credit. (1) If the applicant is required to furnish an irrevocable letter of credit, the penal sum shall be payable to the order of the city and delivered to the city in an amount calculated by the city engineer, of all the improvements to be furnished and installed by the applicant pursuant to the contract, which have not been completed prior to the approval of the plat. An additional cash deposit shall be furnished for costs of city inspections. Such deposit shall be equal to a sum determined by the city engineer. (2) The irrevocable letter of credit shall be approved as to form by the city attorney and filed with the city administrator. (3) The city shall be entitled to reimburse itself out of such letter of credit for any cost and expense incurred by the city for completion of the work in case of default of the applicant under such contract, and for any damages sustained on account of any breach of contract. (4) Upon completion of the work and termination of any liability, the letter of credit shall be released or returned to the applicant upon approval by the city attorney. (d) Other financial guarantees. Other methods of financial guarantee may be accepted by the city pursuant to the approval of the city administrator and city attorney. Improvements completed prior to approval of the final plat. Improvements within a subdivision which have been completed prior to application for approval of the final plat, or execution of the contract for installation of the required improvements, shall be accepted as equivalent improvements in compliance with the requirements of this chapter only if the city engineer certifies that the existing improvements conform to applicable standards and if evidence of payment for the work that has been completed is presented in such form as the city reasonably requires. Effective Date. This ordinance shall be in full force and effective immediately upon its passage and publication. ADOPTED by the City Council of the city of Spring Park this 21st of July, 2025. CITY OF SPRING PARK By: _______________________________ Mark Chase, Mayor ATTEST: By: _______________________________ Jamie Hoffman, City Clerk