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All plats approved under this chapter are approved for city purposes only and shall not release the subdivider from any liability or obligation imposed by Minnesota Statutes or Federal Law. In the event any provision of this chapter shall be found contrary to law by a Court of competent jurisdiction from whose final judgment no appeal has been taken, such provision shall be considered void. All other provisions of this chapter shall continue in full force and effect as though the voided provision had never existed.
(A) The division of a surveyed lot, parcel or tract for the purpose of attachment to contiguous lots where no residual plot or lot or real property is left unattached is exempted from the provisions of this chapter, as are subdivisions conveying property to a public utility for such things as substations, poles, towers, telephone booths, and the like.
(B) If the parcel can be described as a rectangular portion of a parcel of the government rectangular survey system, a surveyor’s drawing will not be required.
(C) Metes and bounds subdivisions of less than five acres, as provided in § 152.03(A), that will be permanently attached to an adjacent contiguous parcel will be exempt from the minimum size requirements provided all other conditions of this chapter are complied with.
As used in this chapter, words in the present tense shall include future tense and words used in the singular number shall include the plural number and the plural the singular. The word SHALL and MUST are mandatory and not discretionary. The word MAY is permissive. For the purpose of this chapter certain terms and words are herein defined as follows:
ADMINISTRATIVE OFFICER. The Clerk of the City or another person appointed by the City Council to administer this chapter.
ALLEY. Any strip of land publicly or privately owned, less than 33 feet in width between property lines, set aside for public vehicular access to abutting property.
ARTERIAL ROAD or HIGHWAY (PRIMARY). A road or highway of considerable continuity designed primarily to serve as an interconnection link between sectors of the city and beyond (such as from within a city to outlying areas).
BACKLOT. Residential lots without water frontage located in the Shoreland Area of the city.
BACKSLOPE. The portion of the roadway cross-section beginning at the outside edge of the ditch bottom, sloping upward to a point where the slope intersects the existing ground line.
CUL-DE-SAC. A road having but one end open to traffic and the other end being permanently terminated by a vehicular turnaround.
DEDICATED STREET. A roadway designated for public use.
DEVELOPMENT OBJECTIVES. Those goals defined as part of the city’s comprehensive planning program which indicate how the city wishes to develop itself in line with orderly and logical direction.
EASEMENT. A grant by an owner of land for the specific use of said land by the public, generally, or to a person or persons.
FEE SCHEDULE. A document setting forth the city’s fees for permits, appeals, variances and subdivision filings as adopted by ordinance by the City Council as provided in § 152.13.
FINAL PLAT. The final map, drawing or chart on which the subdivider’s plan of subdivision is presented to the City Council for approval and which, if approved, will be submitted to the County Recorder.
INSLOPE. The portion of the roadway cross-section beginning at the outside edge of the roadway shoulder, sloping downward to the inside edge of the ditch bottom.
LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditor’s plat or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease or separation.
METES AND BOUNDS. A description of real property which identifies a parcel of land by its shapes and boundaries, starting at a known point and describing the bearing and distances of lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof.
OWNER. Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PRELIMINARY PLAT. The preliminary map drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission, if the city has a Planning Commission, and City Council for their consideration.
PUBLIC ROAD. A particularly described and identified right-of-way, at least 33 feet in width, dedicated to public use for road or highway purposes.
SERVICE ROAD. A public road having a traveled surface of at least 24 feet in width lying parallel and adjacent to an ARTERIAL ROAD or HIGHWAY and which provides access to abutting properties and protection from through traffic.
STRUCTURE. Any building or appurtenance, including but not limited to, vision obstructing fences, decks, retaining walls, satellite dishes, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, tower poles and other supporting facilities.
SUBDIVIDER. Any person commencing proceedings under this chapter to affect a subdivision of land for himself/herself or for another.
SUBDIVISION. A parcel of land which is divided.
(A) Generally. The following procedures shall be followed in the administration of this section and no real property within the jurisdiction of this section shall be subdivided and offered for sale or a plat recorded until a pre-application meeting has been held, a preliminary plat has been reviewed and approved and until a final plat has been reviewed and approved as set forth in the procedures provided herein.
(B) Pre-application meeting. Prior to the submission of any plat for consideration by the Planning Commission, if the city has a Planning Commission, under the provisions of this chapter, the subdivider may meet with the Administrative Officers to introduce himself or herself as a potential subdivider and learn the relevant requirements of the city's code.
(C) Preliminary plat.
(1) Submission of plat. The subdivider shall submit to the Administrative Officer ten copies of a preliminary plat of his/her proposed subdivision, the requirements of which are set forth in this chapter. They shall be filed at least 30 days prior to a regularly scheduled Planning Commission meeting, if the city has a Planning Commission, or a Council meeting, and shall be accompanied by the fees set forth in the fee schedule.
(2) Notice procedure. Notice of the public hearing at which the Planning Commission, if the city has a Planning Commission, will consider the preliminary plat shall be made by the Administrative Officer pursuant to M.S. § 462.358, Subd. 3b, as it may be amended from time to time. The owner or subdivider shall also be notified as to the time and place of the public hearing. As required by M.S. § 505.03, as it may be amended from time to time, at least 30 days prior to taking final action on a preliminary plat, the proposed preliminary plat must be presented by the Administrative Officer to the Commissioner of Transportation for review if the plat includes or borders on a trunk highway or state rail bank property. Within five days after receiving a preliminary plat that includes or borders on an existing or proposed county road or state rail bank property, the Administrative Officer must submit it to the County Engineer for review. The Commissioner of Transportation and the County Engineer must report to the city within 30 days with any comments and recommendations they may have. No preliminary plat may be approved by the city until these comments and recommendations are received and considered. Within ten days after approval of the preliminary plat, notice must be sent to the Commissioner and the County Board explaining how their comments and recommendations have been met.
(3) Public hearing. At the public hearing set for consideration of the preliminary plat, the Planning Commission, if the city has a Planning Commission, or the City Council shall consider comments to the notice of plat, and it shall also review the preliminary plat from the standpoint of environmental impact, compatibility with surrounding area, suitability of area for subdividing, public health and welfare, crowding potential, the compatibility with the city Comprehensive Plan and overall city planning.
(4) Planning Commission action. At the conclusion of the public hearing set forth in the preceding division, the Planning Commission, if the city has a Planning Commission, shall either recommend approval, conditional approval or denial of the preliminary plat. The Planning Commission may also table the preliminary plat for future consideration. The Planning Commission shall not recommend approval of a preliminary plat unless the presentation requirements set forth in § 152.08 have all been met. No lot on the preliminary plat shall be recommended for approval if, in the opinion of the Planning Commission, a lot does not have dedicated road access, an adequate building site, or sufficient area for an on-site individual sewage treatment system in areas where public services are not available, meeting the requirements of all rules and regulations in this chapter and the code of the city. The action of the Planning Commission shall be stated in writing setting forth the conditions of approval, reasons for approval or the reasons for denial. The Planning Commission’s recommendation shall then be submitted to the City Council.
(5) City Council action. The City Council shall consider the Planning Commission’s action, if the city has a Planning Commission, at their next regularly scheduled meeting, and shall either approve, approve with conditions, deny or table for future consideration the application. As required by M.S.§ 462.358, Subd. 3b, as it may be amended from time to time, the Council must either approve or deny the application for a preliminary plat within 120 days after the application has been submitted, unless an extension of time has been agreed to in writing by the subdivider. The 120-day period does not begin to run until the application contains all of the information required by §§ 152.08(B) and 152.09. Failure to comply with the time limits for approval in M.S. § 462.358, Subd. 3b, as it may be amended from time to time, may result in automatic approval of a preliminary plat. The Council shall not approve a preliminary plat unless the presentation requirements set forth in § 152.08 have all been met. No lot on the preliminary plat shall be approved if, in the opinion of the Council, a lot does not have dedicated road access, an adequate building site, or sufficient area for an on-site individual sewage treatment system in areas where public services are not available, meeting the requirements of all rules and regulations in this chapter and the code of the city. The action of the Council shall be stated in writing, setting forth the conditions of approval, reasons for approval or the reasons for denial. Approval shall mean the acceptance of the design as a basis for preparation of the final plat, and the submission of such final plat for approval. Approval by the City Council of all engineering proposals presented in the preliminary plat which pertain to such things as water supply, sewage disposal, storm drainage, gas and electric service, road gradients and widths and the surface of roads is required prior to the approval of the final plat. The Council may, after notifying the subdivider, employ qualified persons to check and verify each proposal, the costs of such services shall be paid by the subdivider.
(D) Final plat.
(1) Filing of the final plat.
(a) The owner or subdivider shall file with the Administrative Officer within one year of the date of the approval of the preliminary plat the final plat which shall substantially conform to the preliminary plat as approved (see § 152.08(C) for filing document requirements) and all applicable city regulations and ordinances, state and federal rules, regulations and laws.
(b) Final plat approval shall not be granted to any plat which is not filed within the time herein specified, unless an extension is requested in writing and for good cause, granted by the City Council. The final plat shall be presented to the City Council at a scheduled meeting which is at least two weeks after the date of filing with the Administrative Officer.
(2) Contents. The subdivider may file a final plat limited to such portion of the preliminary plat which the subdivider proposed to record and develop at one time, provided that such portion must conform to all requirements of this chapter. Lots which have received preliminary approval but are not included on the final plat must be considered as a new subdivision.
(3) Review. The Administrative Officer shall check the final plat to see that it is in substantial conformity with the preliminary plat as approved by the City Council and that it meets all applicable city regulations and ordinances, state and federal rules, regulations and laws.
(4) City Council action. Final plat approval shall not be granted unless all presentation requirements of § 152.08 have been met and the plat conforms to all applicable city regulations and ordinances, state and federal rules, regulations and laws. The City Council shall approve, deny or table the final plat, and the Clerk shall notify the owner or subdivider of the Board’s actions within 60 days of the submittal of the final plat, as required by M.S. § 462.358, Subd. 3b, as it may be amended from time to time, unless an extension of time has been agreed to in writing by the subdivider. Failure to meet the time limit requirements of M.S. § 462.358, Subd. 3b, as it may be amended from time to time, may result in automatic approval of the final plat. The final plat, if approved, shall then be recorded with the County Recorder by the subdivider. If any irregularity prevents recording of the final plat, the County Auditor shall notify the owner or subdivider. Any approval of the final plat by the Council shall be null and void if the plat is not recorded with the County Recorder within 90 days after the date of approval unless application for an extension of time is made, in writing, during said 90-day period, to the City Council and for good cause granted by the Council.
(A) Lot suitability. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the city shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites or any other feature of the natural land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community.
(B) Preliminary plat.
(1) Preliminary plat must be prepared by a Minnesota Registered Land Surveyor and certified as such. Plats must conform to the technical requirements of M.S. § 505.021, as it may be amended from time to time.
(2) Scale: 1 inch equals 100 feet, if possible, but not smaller than 1 inch equals 200 feet.
(3) Identification and description:
(a) Proposed name of subdivision, which name shall not duplicate or closely resemble the name of any plat previously recorded in the city;
(b) Location by section, township, range or by other identifying description;
(c) Names and addresses of the owner, subdivider, surveyor and designer of the plan;
(d) Graphic scale;
(e) North point;
(f) Date of preparation; and
(g) A dedication statement as required by M.S. § 505.021, Subd. 2, as it may be amended from time to time, describing what part of the subdivision land is dedicated, to whom and for what purpose.
(4) Existing conditions in tract and in surrounding area to a distance of 300 feet:
(a) Boundary line of proposed subdivision, clearly outlined and dimensioned;
(b) Total acreage and total water frontage (shoreland areas) and water boundaries;
(c) Platted roads, rights-of-way and utility easements;
(d) Boundary lines and ownership of adjoining land;
(e) Sewers, water mains or wells, culverts or other underground facilities;
(f) Plans for the provision of potable water, sewage disposal, drainage and flood control;
(g) Existing structures;
(h) Summary of soil and vegetation types (terrestrial and aquatic);
(i) Lakes, water courses and wetlands and such other information as soil tests, location of the ordinary high water level and contours at vertical intervals of not more than ten feet. All elevation data shall be mean sea level or some other assumed, workable datum;
(j) Evidence that the ground water level is at least three feet below the level of finished grades or plans for resolving any ground water problems; and
(k) All other information required by M.S. § 505.021, as it may be amended from time to time.
(5) Subdivision design features.
(a) Layout and width of proposed road rights-of-way and utility easements, showing road names, approximate lot dimensions, parks and other public areas. All roads must be identified. The road right-of-way layout shall include all contiguous land owned or controlled by the subdivider.
(b) Proposed use of all parcels, and if zoning change is contemplated proposed rezoning.
(c) Preliminary road grades and drainage plans shall be shown on a copy of the contour map.
(d) Statement of proposed protective covenants.
(e) Statement of source of water supply.
(f) Statement of provisions for sewage treatment. In areas where a public sewage treatment system is unavailable, a lot must contain sufficient suitable area for the installation of two standard on-site sewage treatment systems. Lots that would require use of holding tanks shall not be approved.
(g) Dedications. Easement dedications must be provided over natural drainage or ponding areas for management of stormwater and significant wetlands. Provisions for surface water drainage and flood control must be provided.
(6) Preliminary Title Opinion. The subdivider shall provide a Preliminary Title Opinion, prepared by an attorney of the subdivider’s choosing, in substantial conformity with the form set forth as Appendix I to this chapter.
(7) On-site. Within 14 days of submitting the preliminary plat, the subdivider must clearly stake and identify the tentative proposed lot corners and the proposed center line of the road serving the proposed subdivision.
(C) Final plat. The final plat shall include the following:
(1) Such information as was found necessary for review and requested by the Planning Commission, if the city has a Planning Commission, or City Council;
(2) (a) Data requirements as set forth in M.S. Ch. 505, as it may be amended from time to time; and
(b) All interior and exterior boundary lines shall be correctly designated on the plat and shall show bearings on all straight lines, or angles at all angle points, and central angle and radii and arc lines for all curves. Durable iron monuments shall be set at each angle and curve point on the interior and exterior boundary lines and at all block corners and at all intermediate points on the block or lot lines indicating a change of direction in the lines. The plat shall indicate that the monuments have been set;
(3) An identification system for all lots and blocks. All lots shall be numbered consecutively;
(4) The area (in square feet) and dimensions of all lots in feet;
(5) The subdivider shall submit two hardshells, one transparency copy and six duplicate copies of the final plat;
(6) All signatures on the plat must be in black ink;
(7) Certification by a registered land surveyor to the effect that the plat represents a survey made by him/her and that monuments and markers shown thereon exist as located and that all dimensional and geodesic details are correct;
(8) Notarized certification by the fee owner, any contract for deed vendees and by any mortgage holder of record, of the adoption of the plat and the dedication of roads and other public areas as required by M.S. § 505.021, Subd. 3, as it may be amended from time to time;
(9) Certification showing that all taxes, special assessments and utility charges currently due on the property to be subdivided have been paid in full for the calendar year in which the plat is filed;
(10) Form for approval by Registered Land Surveyor:
I hereby certify that I have reviewed this plat and found it to be in compliance with the surveying requirements of the Subdivision Control Ordinance of the City and Minnesota Statutes Ch. 505.
(11) The subdivider shall provide the County Auditor’s Office with a Final Title Opinion prepared by the attorney who prepared the Preliminary Title Opinion in substantial conformity with the form set forth as Appendix II to this chapter, within 14 days of the final plat being recorded. The attorney shall also sign the following statement on the face of the plat prior to filing:
I hereby certify that proper evidence of title has been presented to and examined by me, and I hereby approve this plat as to form and execution.
(12) Form for Mortgage Statement:
I hereby attest to the fact that there are no mortgages, other than shown, outstanding against any of the property in this subdivision.
Signed_________________________________________ Dated_____________.
Subdivider
(13) Form for comparison by Administrative Officer:
Comparison with Preliminary Plat made this______ day of______,________.
Signed______________________________
City Administrative Officer
(14) Form for approval by City Council:
Accepted and approved by the City Council of the city of , Minnesota, this__________day of,_____, _____.
Signed______________________________
Mayor Signed
Signed______________________________
City Clerk
(15) Form for approval by County Treasurer:
I hereby certify that the taxes for the year__________for the lands described within are paid.
Signed______________________________ Dated__________
County Treasurer
(16) Form for approval by County Auditor:
No delinquent taxes and transfer entered. Dated__________
Signed______________________________
County Auditor Signed
Signed______________________________
Deputy Auditor
(17) Form for approval by County Recorder:
I hereby certify that the within instrument was filed in this office for record on the__________day of__________, at__________o’clock_____.M., and was duly recorded in Book of____________________on page__________.
Signed ______________________________
County Recorder Signed
Signed ______________________________
Deputy Recorder
(A) Roads. The design of all roads shall be considered in relation to existing and planned roads, to reasonable circulation of traffic, topographical conditions, to run off of storm waters and to the proposed uses of the areas to be served.
(1) Where adjoining areas are not subdivided, the arrangement of roads in new subdivisions shall make provisions for the proper projection of roads. When a new subdivision adjoins unsubdivided land susceptible of being subdivided, then the new road shall be carried to the boundaries of such unsubdivided land. Where new roads extend existing adjoining roads, their projections shall be at the same or greater width, but in no case, less than the minimum required width.
(2) The minimum road design standards of the city, including road width and grade standards, shall be observed by the subdivider, as set forth in Appendix III.
(3) Straight segments of at least 50 feet in length shall be introduced between reverse curves on city streets and alleys.
(4) Insofar as practical, road intersections shall be at right angles and no intersection shall be at an angle of less than 45 degrees. It must be evidenced that safe and efficient traffic flow is encouraged.
(5) Private roads shall not be approved nor shall public improvements be approved for any previously existing private road.
(6) Where a proposed plat is adjacent to a highway, the City Council may require the subdivider to provide a service road along the right-of-way.
(7) The road arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it.
(8) At road intersections, curb lines shall be rounded at a radius of not less than 15 feet.
(B) Easements.
(1) Utility easements at least ten feet wide shall be provided for utilities where necessary. They shall be centered on rear and other lot lines or within alley rights-of-way. They shall have continuity of alignment from block to block. At deflection points, easements for pole line anchors shall be provided where necessary.
(2) Where a subdivision is traversed by a water course, drainage way, channel or road, there shall be provided a storm water easement or drainage right-of-way substantially with the lines of such
water course, together with such further width or construction or both as will be adequate for stream channel, but also adjoining areas that have been subject to flooding in years of heavy runoff.
(C) Lots.
(1) Where possible, side lot lines shall be at right angles to straight or radial to curved road lines. Each lot shall front on a public road or highway. Lots with frontage of two parallel roads shall be permitted only under unusual circumstances.
(2) Lot remnants which are below the minimum lot size must be added to adjacent or surrounding lots rather than be allowed to remain as an unusable outlot or parcel unless the owner can show plans consistent with the purpose of this chapter for the future use of such remnants.
(3) Lots must be designed and have adequate size to meet the zoning requirements of the zoning district in which they are located related to setbacks, width and required yard sizes. Lots must also be of adequate size to allow off-street parking, loading areas and such other facilities as are required by the zoning ordinances of the city. If the city does not have zoning ordinances in place, or if there are portions of the city not zoned but where subdivision is occurring, the following minimum lot sizes shall apply:
(a) For residential lots intended for single and-two-family dwellings:
1. Width of not less than 80 feet at the right-of-way line of inside street curvature; and
2. Width of not less than 65 feet at the right-of-way line of outside street curvature (including cul-de-sac).
(b) For residential lots intended for multiple family dwelling of three of more families living independently of one another:
1. Width of not less than 130 feet at the right-of-way line of inside street curvatures;
2. Width of not less than 80 feet at the right-of-way line of outside street curvatures (including cul-de-sac); and
(4) All lots must have a minimum of 30 feet in width at the rear lot line.
(5) Lots abutting on a water course, drainage way, channel or stream shall have an additional depth or width, as required, to assure house sites that are not subject to flooding.
(6) On lots determined to be irregular in shape (e.g., triangular), the developer shall demonstrate to the city an ability to properly place principal buildings and accessory structures upon the site which are compatible in size and character to the surrounding area.
(A) As a condition of approval of a final plat and before the City Council approves a final plat, the subdivider shall give satisfactory assurance of the provision of the following requirements:
(1) Monuments. Steel monuments shall be placed at all block corners, angle points, points of curves in roads and at intermediate points as shown on the final plat. All U.S., state, city or other official benchmarks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position.
(2) Roads. All roads shall be improved in accordance with the road design standards as specified in Appendix III
.
(a) Trees and boulevard sodding shall be planted in conformance with the standards and specifications as required by the City Council.
(b) Street signs of the design approved by City Council shall be installed at each street intersection.
(c) Driveway approaches and sidewalks of a standard design or pedestrian pathways as may be required by the City Council shall be installed.
(d) Street lighting fixtures as may be required by the City Council shall be installed.
(3) Water supply. Wherever connection with a community or public water system is possible, the public water shall be used. In other case, individual wells shall be used. Either shall be provided in accordance with state and city regulations.
(4) Sanitary sewer. Wherever trunk line sanitary sewer facilities are available, the subdivider shall be required to install sanitary sewers and connect the same to such trunk line sewers. In other cases, individual on-site sewage treatment systems shall be used. Either shall be provided in accordance with state and city regulations.
(5) Stormwater management.
(a) When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain stormwater runoff before discharge to public waters.
(b) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
(c) When development density, topographic features, and soil runoff using natural features, and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and man-made materials and facilities.
(6) Landscaping. All developments shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers and ground cover materials. All areas not covered by buildings, streets, sidewalks, parking lots, driveways or similar hard surface materials shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural state. All new landscape trees and shrubs must meet the American Standard for Nursery Stock and American National Standard relating to planting guidelines, quality of stock and appropriate sizing of the root ball. Landscape trees must be balled and burlapped or moved from the growing site by tree spade. Deciduous trees will be not less than one and one quarter inches but not more than three inches caliper for balled and burlapped trees, and not less than three inches but not more than six inches caliper for spade-moved trees. Coniferous trees will not be less than six feet in height but no more than eight feet for balled and burlapped trees, and not less than eight feet in height but not more than fourteen feet for spade-moved coniferous trees. The city may allow larger balled and burlapped or spade moved trees if these trees are accompanied with a three year guarantee.
(7) Erosion and sediment control. The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. If determined necessary by the City Engineer, the subdivider shall be required to submit an erosion and sediment control plan. Erosion and sediment control measures shall be consistent with best management practices (BMPs) for erosion and sedimentation control as specified in the "Minnesota Stormwater Manual" (MPCA, 2005), as amended, and shall be sufficient to retain sediment on site. Erosion and sediment controls shall meet the standards for the general permit authorization to discharge stormwater associated with construction activity under the national pollutant discharge elimination system/state disposal system permit program permit MN Rl00001 (NPDES general construction permit) issued by the Minnesota Pollution Control Agency, as amended. Final stabilization of the site must be completed in accordance with the NPDES construction permit requirements.
(B) All required improvements shall be installed by the subdivider except that the city reserves the right to elect to install all or part of the improvements required under the provisions of this title pursuant to M.S. Ch 429, as it may be amended from time to time. If the city elects to install the improvements the city may require the developer to post a cash escrow or letter of credit guaranteeing payment of the assessments.
(C) Satisfactory assurance that all required improvements shall be provided shall include:
(1) Entering into a development contract setting forth the conditions under which the plat is approved and setting forth required improvements.
(2) Furnishing the city financial security in the form of a cash escrow or letter of credit. Letters of credit must be from a state or federally chartered bank or savings and loan association, insured by the Federal Deposit Insurance Corporation, that has an office in the state of Minnesota or a subsidiary of such bank or savings association with an office in the state of Minnesota. If the subdivider fails to perform any obligations under the development contract, the city may apply the security to cure the default.
(a) If the subdivider is going to install the public improvements, the required security shall be the sum of the following fixed or estimated costs:
1. Utilities.
2. Streets.
3. Streetlights and operating cost for one year (if any are required).
4. Erosion control.
5. Engineering, to include developer's design, surveying and inspection.
6. Landscaping (if any is required).
7. Storm sewer connection charges.
8. Principal amount of special assessments previously levied against the property together with one year of interest.
9. Real estate tax for one year, if there are special assessments.
10. City engineering fees.
11. Sanitary sewer area charges (if any are required).
12. Lateral sanitary sewer and water main access charges.
13. Wetland mitigation (if any is required).
14. Custom graded lots (if any is required).
15. Removal of buildings and temporary improvements (if any is required).
16. Tree preservation.
17. Lot corners/iron monuments.
(b) If the city is going to install the public improvements, the required security shall be the sum of the following fixed or estimated costs:
1. Principal amount of special assessments for public improvements to be installed together with one year of interest.
2. Streetlights (if any are required).
3. Erosion control.
4. Landscaping.
5. Storm sewer connection charges.
6. Real estate tax for one year.
7. Principal amount of special assessments previously levied against the property together with one year of interest.
(3) The city shall require of a subdivider submission of a warranty/maintenance bond in the amount equal to the original cost of the improvements or such lesser amount as agreed to by the City Engineer. The required warranty period for materials and workmanship from the utility contractor installing public sewer and water mains shall be two years from the date of final acceptance or one year following final acceptance of the final bituminous wearing surface as approved by the City Engineer. The required period for sod, trees and landscaping is one growing season.
(D) No final plat shall be approved by the Council without first receiving a report from the City Engineer that the improvements described therein together with the agreements and documents required under this section, meet the requirements of the city.
(E) No final plat shall be approved by the Council without first receiving certification from the City Clerk, Administrator or Finance Officer that all fees required to be paid to the city in connection with the plat have been paid or that satisfactory arrangements have been made for payment.
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