(A) General. Existing features which add value to a proposed development or to the local government as a whole such as trees, watercourses, waterbodies, areas of historic significance and similar irreplaceable features, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land effected until approval of the preliminary plat has been granted. All trees on the plat required to be retained shall be reserved, and all trees where required shall be welled and protected against change of grade. The preliminary plat shall show the number, species, size and location of all proposed shade trees along the street side of each lot.
(B) Trees.
(1) Shade trees to be planted by developer. If trees are to be planted in a subdivision they shall conform to these standards. Any trees are to be planted at least within five feet outside of the planned right-of-way of the road or roads within and abutting the subdivision. As a condition of subdivision approval the developer may be required to provide new trees.
(2) Species/size. New trees to be provided shall be approved by the county and shall be planted in accordance with the requirements of the county. Such trees shall have a minimum trunk diameter as determined by the county, but shall not be seedlings. Only long-lived shade trees, of varying species, acceptable to the county shall be planted, in accordance with the local tree plan if applicable.
(C) Steep slopes. Subdivision design shall be consistent with limitations presented by steep slopes and any restrictions on development on slopes in the zoning code. Subdivision design and construction on slopes of 12% to 18% shall provide for control of erosion, sedimentation, and slippage both during the construction/installation of improvements and utilities and of structures. If the subdivision includes the development of land with slopes greater than 18%, the development contract and/or a restriction of the deed/title shall provide to the design of the site and structure by a certified, registered engineer. In cases where the design of the subdivision provides for a prohibition or limitation of development on steep slopes or other sensitive area, the prohibition or limitation may be enforced as a restriction or an easement to be filed as covenants, dedication to the unit of government, or other suitable method implementing the prohibition or limitation.
(D) Soils.
(1) The design of the subdivision and the design and installation of improvements shall take into account the nature of the soils on the land to be subdivided. The comprehensive plan and the Carver County Soils Survey identify the areas that have constraints for development due to soil conditions and identify the type of constraint. Areas with severe constraints as identified by the soil survey are generally developable, but may need drainage, erosion control, special building or site design, grading, fill or other action to solve soils problems. Any action taken to alleviate soils problems shall require the specific review and approval of the County Engineer. Areas identified as having very severe constraints for development should generally be considered as undevelopable for residences or other urban development and should be planned for uses that can be accommodated given the soil conditions.
(2) The County Engineer or Platting Officer may request soil borings to determine soil conditions in any subdivision. Soil borings may be required in any areas indicated as having severe or very severe constraints for development. The location, depth and number of borings required shall be determined upon recommendation of the County Engineer or Platting Officer.
(E) Watercourses and waterbodies.
(1) For the purposes of these regulations, waterbodies and watercourses shall be those waterbodies and watercourses shown on the MN/DNR inventory of protected waters map as protected waters or wetlands and shall also include any similar areas as designated in the comprehensive plan or by floodplain maps.
(2) In areas where flood information is unavailable, structures shall have a floor elevation a minimum of three feet above the ordinary high water level or the outlet level, whichever is higher. Ordinary high water level shall be determined by DNR data, vegetation analysis or other method as approved by the County Engineer.
(3) The county shall require the dedication of an easement to the elevation of the ordinary high water level for waterbodies not otherwise protected and an easement at least to the 100-year flood protection elevation of any waterbody or watercourse having a flood potential. The county may require the further dedication of easements around wetlands, watercourses, and waterbodies in order to protect and preserve them and/or for the storage and flow of storm water run-off.
(F) Land in the floodplain district.
(1) Review criteria. All lots within the floodplain districts as designated in the Carver County Zoning Code shall contain a building site as defined in the zoning code at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this subchapter and the Carver County zoning and on-site sewer provisions. All lots intended for human habitation or occupation shall have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the floodplain, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
(2) Floodway/flood fringe determinations in the General Floodplain District. In the General Floodplain District, applicants shall provide the information required in § 152.149 to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.
(3) Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(Am. Ord. 70-2010, passed 1-25-11)