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§ 152.10 REQUIRED IMPROVEMENTS.
   (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.
§ 152.105 DEDICATION REQUIREMENTS.
   (A)   As a condition of subdivision approval, subdividers shall dedicate a portion of any proposed subdivision for conservation purposes or for public use as parks, recreational facilities as defined and outlined in M.S. § 471.191, playgrounds, trails, wetlands or open space; provided that the city may choose to accept an equivalent amount in cash for part or all of the portion required to be dedicated based on the fair market value of the land following the criteria of M.S. § 462.358, Subd. 2b, as it may be amended from time to time.
   (B)   Land shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. Land with trash, junk, pollutants, flooding or wetlands and unwanted structures is generally not acceptable.
   (C)   The Planning Commission, if the city has a Planning Commission, and the City Council, shall determine the land and/or cash contribution requirements for proposed subdivisions.
   (D)   Any increase in density of subdivisions shall be reviewed for reconsideration of park land and/or cash contribution requirements.
   (E)   When a proposed park, playground, recreation area or other public ground has been indicated in the city's official map or comprehensive plan and is located in whole or in part within a proposed subdivision, it shall be designated as such on the plat and shall be conveyed to the city. If the subdivider elects not to dedicate an area in excess of the land required hereunder for such proposed public site, the city may consider acquiring the site through purchase or condemnation.
   (F)   Land area conveyed or dedicated to the city shall not be used in calculating density requirements of the city zoning ordinance and shall be in addition to and not in lieu of open space requirements for planned unit developments.
   (G)   Where private open space for park and recreation purposes is provided in a proposed subdivision, these areas may be used for credit, at the discretion of the City Council, against the land or cash dedication requirement for park and recreation purposes, provided the City Council finds it is in the public interest to do so.
   (H)   The dedication requirements are presumptively appropriate. A subdivider may request a deviation from the presumptive requirements based upon the anticipated impact of that particular subdivision. The request must be made before final subdivision approval by the city.
   (I)   (1)   In residential subdivisions where a land dedication is required, the following formula will be used to determine the dedication requirement:
 
Density:
Units Per Acre
Land Dedication Percentage
2.5
4
11%
4+
6
13%
6+
8
15%
8+
10
17%
10+
17% - 20%
 
      (2)   In commercial or industrial subdivisions where a land dedication is required, the following formula will be used to determine the dedication: 5% of the gross area of land being platted.
   (J)   In lieu of land dedication the city may require cash fees established pursuant to M.S. § 462.358, Subd. 2b, as it may be amended from time to time, for commercial, industrial, multi-family dwelling units and single-family dwelling units, in amounts established in a separate ordinance or in the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to time.
   (K)   The city may elect to receive a combination of cash, land and development of the land. The fair market value of the land the city wants and the value of the development of the land shall be calculated. That amount shall be subtracted from the cash contribution required by division (J) of this section. The remainder shall be the cash contribution requirement.
   (L)   Fair market value shall be determined as of the time of final subdivision approval in accordance with the following:
      (1)   The city and the developer may agree as to the fair market value; or
      (2)   The fair market value may be based upon a current appraisal submitted to the city by the subdivider at the subdivider's expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies.
      (3)   If the city disputes such appraisal the city may, at the subdivider's expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land.
   (M)   Planned developments with mixed land uses shall make cash and/or land contributions in accordance with this section based upon the percentage of land devoted to the various uses.
   (N)   Cash contributions are to be calculated at the time of final subdivision approval. The council may require the payment at the time of final subdivision approval or at a later time under terms agreed upon in the development agreement. Delayed payment shall include interest at a rate set by the city.
   (O)   Cash contributions shall be deposited in the park dedication fund and shall only be used for the acquisition of land for the purposes set forth in division (A) of this section, and the planning and development of land for such purposes.
   (P)   Property being subdivided without an increase in the number of lots shall be exempt from park and trail dedication requirements if similar requirements were satisfied in conjunction with an earlier subdivision. If the number of lots is increased, then the dedication shall be based on the additional lots created.
§ 152.1051 PROTECTED AREAS AND TREE PRESERVATION.
   (A)   Protected areas. Where land proposed for subdivision is deemed environmentally sensitive by the city due to the existence of wetlands, drainageways, watercourses, floodable areas, significant trees, steep slopes or wooded areas, the design of said subdivision shall clearly reflect all necessary measures to ensure against adverse environmental impacts. Based upon the necessity to control and maintain certain sensitive areas, the city shall determine whether said protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of outlots. In general, measures of protection shall include design solutions that allow for construction and grading involving a minimum of alteration to sensitive areas. Such measures, when deemed appropriate by the city, may include, but shall not be limited to, the following:
      (1)   The establishment of buffers designed consistent with adopted management plans, if any, easements and/or outlots over wetlands, drainageways and watercourses as approved by the City Engineer.
      (2)   The implementation of flood control measures, including ponding and infiltration design standards as specified in adopted management plans, if any, and approved by the City Engineer.
      (3)   The enlargement of lots or redesign of the subdivision.
      (4)   The submission of a tree preservation plan subject to the 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)   The limitation of development on slopes steeper than three to one (3:1).
      (8)   Structure conformance to the natural limitations presented by the topography and soil so as to create the least potential of soil erosion, as determined by the City Engineer.
   (B)   Tree preservation. The following process for preserving significant trees shall be required of subdividers. Subdividers shall preserve, where feasible, all healthy trees of significant value even if the trees are less than six inches in diameter.
      (1)   Definitions. The following words and terms, whenever they occur in this section, are defined as follows:
         (a)   DIAMETER. The measurement of a tree's trunk measured four and one-half feet above the ground.
         (b)   DRIP LINE. The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of the tree or one foot per one inch of diameter, whichever is greater.
         (c)   SIGNIFICANT TREE. A healthy tree measuring six inches in diameter or greater.
         (d)   TREE CERTIFICATION. A certified inventory of trees on the site after work is complete listing all trees and their final disposition, which is signed by a licensed forester or landscape architect.
         (e)   TREE PRESERVATION PLAN. A plan and inventory certified by a forester or landscape architect indicating all of the significant trees and their locations in the proposed development or on the lot. The tree preservation plan shall include the size, species, tag numbers, and location of all significant trees proposed to be saved and removed on the area of development, and the measures proposed to protect the significant trees to be saved.
         (f)   TREE PROTECTION. Snow fencing or polyethylene laminar safety netting placed at the drip line of the significant trees to be preserved. The tree protection measures shall be shown on tree preservation plan drawings and remain in place until all grading and construction activity is terminated.
      (2)   Subdivider responsibilities. Subdividers shall:
         (a)   Prepare a tree preservation plan. Such plan shall be superimposed on the grading plan, if any.
         (b)   Ensure the tree preservation plan is followed during the plan development including any mass grading.
      (3)   The tree preservation plan must be certified by a forester or landscape architect. The forester or landscape architect shall indicate on the plan the following items:
         (a)   Graded areas and proposed grades.
         (b)   Size, species, tag numbers, and location of all significant trees.
         (c)   Identification of all significant trees proposed to be saved and significant trees proposed to be removed.
         (d)   Measures proposed to protect significant trees shall include, but are not limited to:
            1.   Installation of snow fencing or polyethylene- laminar safety netting at the drip line.
            2.   Placing fill against the trunk of the tree, on the root crown, and under the drip line of the tree shall be prohibited.
            3.   Installation of erosion control measures.
            4.   Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials such as fuels or paints.
            5.   Pruning of oak trees must not take place from April 15 through July 1. If wounding of oak trees occurs, a nontoxic tree wound dressing must be applied immediately. Excavators must have a nontoxic tree wound dressing with them on the development site.
      (4)   During preliminary plat review, the tree preservation plan will be reviewed according to the best available layout to preserve significant trees and the efforts of the subdivider to mitigate damage to significant trees.
      (5)   The subdivider shall provide a financial guarantee as part of the development contract in an amount necessary to guarantee replacement of all significant trees which were to have been saved but were actually destroyed or damaged.
      (6)   After grading has been completed and streets and utilities installed, the forester or landscape architect shall:
         (a)   Certify in writing to the city the status of all trees indicated as save trees in the approved plan.
         (b)   Certify in writing to the city whether tree protection measures were installed.
         (c)   Certify the status of any remove designated trees that were saved.
      (7)   If a significant tree indicated to be saved on the tree preservation plan is destroyed or damaged, tree replacement as required by this chapter will be enforced by the city.
      (8)   The financial security required in division (5) above will be released upon certification in writing by the forester or landscape architect indicating the tree protection measures were installed on graded lots and tree replacement is completed, if necessary;
      (9)   Removal of tree preservation measures shall require written approval from the City Engineer. Tree preservation measures shall not be removed from the site until the City Engineer has approved the grading as built plans for a mass graded site nor prior to the release of financial securities held by the city.
      (10)   Tree Replacement Policy. Subdividers shall be required to replace the significant trees which were indicated on the tree preservation plan to be saved but ultimately were destroyed or damaged. The subdivider and builder shall be required to replace each of the significant trees destroyed or damaged with two replacement trees. Replacement trees must consist of nursery stock and be no less than the following sizes:
         (a)   Deciduous trees. No less than two and one-half-inches in diameter.
         (b)   Coniferous trees. No less than six feet high.
      (11)   Replacement trees shall be species similar to the trees which were destroyed or damaged and shall comply with the requirements of § 152.10.
      (12)   Replacement trees shall not be placed on easements or street rights of way. The city shall determine the locations of tree replacement for subdivider's tree plans.
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