(A) Purpose: The purpose of this section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this chapter.
(B) Exceptions To Review: The following shall be excepted from the foregoing requirements:
1. Agricultural developments.
2. Single-family detached dwellings.
3. Two-family attached dwellings.
(C) Sketch Plan:
1. Prior to the formulation of a site plan, applicants shall present a sketch plan to the zoning officer prior to filing of a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than two feet (2') and may include the following:
(a) The proposed site with reference to existing development on adjacent properties, at least to within two hundred feet (200').
(b) General location of proposed structures.
(c) Tentative street arrangements, both public and private.
(d) Amenities to be provided such as recreational areas, open space, walkways, etc.
(e) General location of parking areas.
(f) Proposed public sanitary sewer, water and storm drainage.
(g) A statement showing the proposed density of the project with the method of calculating said density also shown.
2. The zoning officer shall have the authority to refer the sketch plan to the planning commission and/or city council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the zoning officer, planning commission, and/or city council shall be considered advisory only and shall not constitute a binding decision on the request.
(D) Minor Projects:
1. Review Of Minor Projects: The following shall be considered minor projects and subject to review procedures as indicated:
(a) No Site Plan Review Required: Building projects that comprise less than ten percent (10%) building footprint expansion (up to 500 square feet) and/or twenty five percent (25%) increase in the assessed value of the structure as determined by the Dakota County assessor.
(b) Administrative Review: Building projects that comprise a ten (10) to thirty percent (30%) building footprint expansion and/or twenty five (25) to fifty percent (50%) increase in the assessed value of the structure as determined by the Dakota County assessor.
2. Procedure: Administrative approval of eligible site plans shall be subject to the following procedural requirements:
(a) Plan review will be in accordance with established procedures including the coordinated review by other city departments and divisions as determined by the zoning officer.
(b) Site plans involving properties within approved planned unit developments shall be subject to applicable evaluation criteria in this chapter.
(c) Any major variance proposal will automatically require the entire application to be processed in accordance with the planning commission review and city council approval provisions of section 10-3-6 of this title.
(d) Administrative approval including all applicable conditions and requirements shall be made in writing by the zoning officer. The applicant, in addition to all other applicable requirements, shall submit a written acknowledgment of that approval prior to the commencement of any development and prior to the issuance of any permits.
(e) Any unresolved dispute as to administrative interpretation of city code, ordinance, or policy requirements may be formally appealed pursuant to this chapter.
(f) Site plans involving conditionally permitted uses are subject to the review requirements found in section 10-3-5 of this title.
3. Certification Of Taxes Paid: Prior to approving an application for a minor project, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the minor project application relates.
(E) Major Projects: A "major project" is defined as one or both of the following and subject to review as prescribed in this section:
1. Construction of new structures that may or may not be in conjunction with site improvements on redevelopment site or vacant undeveloped lands, and/or
2. Building projects that comprise more than a thirty percent (30%) building footprint expansion and/or fifty percent (50%) increase in the assessed value of the structure as determined by the Dakota County assessor.
(a) Procedures: Pursuant to MSA section 15.99, an application for site plan approval shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision making period an additional sixty (60) days unless this limitation is waived by the applicant.
(b) Site Plan Review Requirements:
(1) Certificate: Certificate of survey.
(2) Filing; Application: Request for site plan approval, as provided within this chapter, shall be filed with the zoning officer on an official application form. Such application shall be accompanied by a fee as provided for in this code. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the zoning officer, fully explaining the proposed change, development, or use and a list of property owners within three hundred fifty feet (350') of the subject property in a format prescribed by the zoning officer. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.
(3) Proof Of Ownership Or Authorization: The applicant shall supply proof of ownership of the property for which the site plan approval is requested or supply written authorization from the owner(s) of the property in question to proceed with the requested site plan approval.
(4) Recommendation On Action: The zoning officer shall coordinate the review of the site plan, and provide general assistance in preparing a recommendation on the action to the planning commission.
(5) Additional Information Upon Request: The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
(6) Planning Commission Appearance: The applicant or a representative thereof may appear before the planning commission in order to present information and answer questions concerning the proposed request.
(7) Recommendation Of Actions Or Conditions: The planning commission shall recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter.
(8) Approval By Majority Vote: Approval of the site plan shall require passage by a majority vote of the planning commission.
(c) Certification Of Taxes Paid: Prior to approving an application for a major project, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the major project application relates.
(F) Evaluation Criteria: The planning commission shall evaluate the effects of the proposed site plans. This review shall be based upon compliance with the city comprehensive plan, the zoning ordinance and other city codes and policies.
(G) Information Requirement: The information required for all site plan applications generally consists of the following items, and shall be submitted when requested and specified by the zoning officer:
1. Site Plan:
(a) Certificate of survey.
(b) Name and address of developer/owner.
(c) Name and address of architect/designer.
(d) Date of plan preparation.
(e) Dates and description of all revisions.
(f) Name of project or development.
(g) Scale of plan (engineering scale only, at 1 inch equals 50 feet or less).
(h) North point indication.
(i) Lot dimension and area.
(j) Required and proposed setbacks.
(k) Location, setback and dimension of all buildings on the lot including both existing and proposed structures.
(l) Location of all adjacent buildings located within one hundred feet (100') of the exterior boundaries of the property in question.
(m) Location, number, dimensions, and type of surfacing material of existing and proposed parking spaces.
(n) Location, number, dimensions, and type of surfacing material of existing and proposed loading spaces.
(o) Curb cuts, driveways.
(p) Type of surfacing material.
(q) Vehicular circulation.
(r) Sidewalks, walkways.
(s) Location and type of all proposed lighting.
(t) Location of recreational and service areas.
(u) Location of rooftop equipment and proposed screening.
(v) Provisions for storage and disposal of waste, garbage, and recyclables.
(w) Location, sizing, and type of water and sewer system mains, fire hydrants closest to the property and proposed service connections.
2. Grading/Storm Water Drainage Plan:
(a) Existing contours at two foot (2') intervals.
(b) Proposed grade elevations, two foot (2') maximum intervals.
(c) Drainage plan including configuration of drainage areas and calculations.
(d) Storm sewer, catch basins, invert elevations, type of castings, and type of materials.
(e) Spot elevations.
(f) Proposed driveway grades.
(g) Surface water ponding and treatment areas.
(h) Erosion control measures.
(i) Calculation of total square footage of site to be covered with impervious surfaces.
3. Landscape Plan:
(a) Planting schedule (table) containing:
(1) Symbols.
(2) Quantities.
(3) Common names.
(4) Botanical names.
(5) Sizes of plant material.
(6) Root specification (bare root, balled and burlapped, potted, etc.).
(7) Special planting instructions.
(b) Location, type and size of all existing significant trees to be removed or preserved.
(c) Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).
(d) Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.
(e) Typical sections of landscape islands and planter beds with identification of materials used.
(f) Details of planting beds and foundation plantings.
(g) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.
(h) Delineation of both sodded and seeded areas with respective areas in square feet.
(i) Coverage plan for underground irrigation system, if any.
(j) Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.
(k) Other existing or proposed conditions which could be expected to affect landscaping.
4. Other Plans And Information (May Be Required By The Zoning Officer):
(a) Legal description of property under consideration.
(b) Proof of ownership of the land for which a site plan approval has been requested.
(c) Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).
(d) "Typical" floor plan and "typical" room plan.
(e) Fire protection plan.
(f) Extent of and any proposed modifications to land within the wetland, shoreland or floodplain district as described and regulated in this title.
(g) Wetland delineation and report.
(h) Type, location and size (area and height) of all signs to be erected upon the property in question.
(i) Certification that all property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the application relates have been paid.
(j) Solid waste removal plan.
(H) Lapse Of Approval:
1. Unless otherwise specified by the zoning officer or planning commission as may be applicable, the site plan approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section.
2. An application to extend the approval of a site plan for up to an additional one year shall be submitted to the zoning officer not less than thirty (30) days before the expiration of said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the site plan approval, and it shall state the additional time being requested to begin the proposed construction. The request shall be heard and decided by the zoning officer prior to the lapse of approval of the original request. After two (2) years have expired without substantially commencing construction, the site plan shall become null and void and no further extensions can be granted. The site plan review process must be reinitiated for projects that have exceeded two (2) years.
3. In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the zoning officer or the planning commission, as applicable, shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.
(I) Site Improvement Performance Agreement And Financial Guarantee: Following the approval of the site plan required by this chapter and before issuance of a building permit, the applicant, as required by the city, shall guarantee to the city the completion of all private exterior amenities as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as provided below:
1. The applicant shall execute the site improvement performance agreement on forms provided by the city. The agreement shall be approved as to form and content by the city attorney and shall define the required work and project completion schedule and reflect the terms of this section as to the required guarantee for the performance of the work by the applicant.
2. The required work includes, but is not limited to, private exterior amenities such as landscaping, private driveways, parking areas, recreational fields structures or buildings, drainage systems, water quality ponds, wetland mitigation, wetland buffers, erosion control, curbing, fences and screening, and other similar facilities. The required work shall also include all aspects of a tree preservation plan and reforestation plan, if applicable.
3. A financial guarantee shall be submitted with the executed site performance agreement as provided herein:
(a) Financial guarantees acceptable to the city include cash escrow; an irrevocable letter of credit; or other financial instruments which provide equivalent assurance to the city and which are approved by the zoning officer.
(b) The term of the financial guarantee shall be for the life of the site improvement performance agreement, and it shall be the responsibility of the applicant to ensure that a submitted financial guarantee shall continue in full force and effect until the zoning officer shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this section.
(c) When any instrument submitted as a financial guarantee contains provision for an automatic expiration date, after which the instrument may not be drawn upon, the expiration date shall be November 15. Further, it shall be the responsibility of the applicant to notify the city in writing, by certified mail, at least sixty (60) days in advance of the expiration date of the intention to renew the instrument or to not renew the instrument. If the instrument is to be renewed, a written notice of extension shall be provided thirty (30) days prior to the expiration date; if the instrument is not to be renewed, and has not been released by the zoning officer, another acceptable financial guarantee in the appropriate amount shall be submitted at least thirty (30) days prior to the expiration. The term of any extension shall be approved by the zoning officer. Upon receipt of an acceptable substitute financial guarantee, the zoning officer may release the original guarantee.
(d) The amount of the financial guarantee shall be established by the zoning officer based upon an itemized estimate of the cost of all required work. A cash deposit or irrevocable letter of credit shall be in the amount of one hundred twenty five percent (125%) of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the zoning officer.
(e) The applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements which comprise the work.
(f) The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide for forfeiture to the city to cure a default or reimburse the city the cost of enforcement measures. As various portions of such required work are completed by the applicant and approved by the city, the zoning officer may release such portion of the financial guarantee as is attributable to such completed work. Landscaping materials shall have a two (2) year guarantee provided to the city.
(g) The applicant shall notify the city in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the zoning officer shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the average standards for the particular industry, profession, or material used in the performance of the work. Any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of all landscape improvements, a notice of the date of actual completion shall be given to the applicant and appropriate action, to release or to reduce the amount of the financial guarantee shall be taken by the zoning officer.
(J) Minnesota State Building Code: The review and approval of site improvements pursuant to the requirements of city adopted building and fire codes shall be in addition to the site plan review process established under this section. The site plan approval process does not imply compliance with the requirements of these building and fire codes.
(K) Plan Agreements: All site and construction plans officially submitted to the city shall be treated as a formal agreement between the building contractor and the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the zoning officer for review and approval. Significant changes as deemed by the zoning officer may be subject to planning commission review and approval.
(L) Enforcement: The zoning officer shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this section has been officially documented by the building official. (Ord. 002-469, 2-19-2002; amd. Ord. 002-477, 7-15-2002)