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(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.
(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.
(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.
No subdivision of real property in which the divided tract is described by metes and bounds shall be permitted, unless all tracts meet the following standards:
(A) Each lot, located in a shoreland area or containing a wetland area must be a minimum of five acres in size; and all other lots must be a minimum of two and one-half acres in size;
(B) Certification of public road access;
(C) All roads must be identified on the surveyor’s drawing;
(D) Sufficient suitable area for the installation of two standard on-site sewage treatment systems;
(E) A registered surveyor’s drawing accompanies the document creating the subdivision for recording, as required by § 152.03(D) above; and
(F) The surveyor’s drawing contains the following form for signature by the property owner: I hereby certify that the subdivided property described in this survey meets the city requirements for public road access and sewage treatment systems.
(A) Variances from standards. In any case where, upon application of any subdivider to the Board of Adjustment, it appears by reason of exceptional circumstances, that the strict enforcement of any provision of the standards would cause unusual hardship under the circumstances, the Board of Adjustment may permit a variance therefrom upon such conditions as it may prescribe consistent with the general purposes of this chapter and the intent of this and all other applicable State and local regulation.
(B) Appeals. The Board of Adjustment shall hear and decide appeals from and review any order, requirements, decisions or determinations made by any city Administrative Officer charged with enforcing any provision of this chapter.
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