(A) Preliminary plat.
(1) After the completion of the concept plan process, or in cases where concept review is not required, the owner or developer shall file with the city an application for preliminary plat. The preliminary plat stage is the point in the process that all information pertinent to the proposed development is furnished by the developer for review by the city staff, city advisory committees, and the City Council, any other applicable agencies, and the public (through the public hearing process). The information provides a basis for approval or denial of the application. The information submitted in the application shall address both existing conditions and changes proposed to occur during and after development. The preliminary plat is a plan depicting how property is proposed to be subdivided and developed.
(2) Additional information or modifications may be required by the city staff, city advisory committees, or City Council and additional information may be requested during the review process. In certain cases, some information required by these standards may not be appropriate or may need to be modified in order to provide an adequate basis for making a decision.
(B) Information required for preliminary plat. Preliminary plat information is typically furnished on plan sheets. However, some information is more appropriately submitted in other forms. The plat, and associated information, shall be submitted in a form that is legible, organized and understandable. The preliminary plat application shall consist of maps and accompanying documents. An owner or applicant shall submit large scale, reduced scale (11" x 17"), and electronic copies of the following information (number of copies to be determined by the Zoning Administrator):
(1) Boundary and topographic survey prepared by a licensed land surveyor identifying the following:
(a) Scale (engineering only) one inch equals not more than 100 feet;
(b) North point indication;
(c) Existing parcel boundaries to be platted with dimensions and area;
(d) Existing legal description;
(e) Easements of record;
(f) Delineated wetland boundaries, to include the ordinary high-water level (OHWL) of any lakes or Department of Natural Resources (DNR) waters;
(g) Floodplain as shown on Federal Emergency Management Agency (FEMA) FIRM map;
(h) All encroachments;
(i) Existing topography, buildings, structures and improvements within the parcel to be platted and those within 100 feet outside the boundaries of the subject parcel;
(j) Location, widths and names of all public streets or rights-of-way showing type, width and condition of the improvements, if any, which pass through and/or are within 100 feet; and
(k) The outside boundary of the subject property is to be clearly marked with survey monuments and indicated on the drawing.
(2) Resource inventory identifying the following:
(a) Topographic contours at two foot intervals including contours covering a minimum of 200 feet of adjacent properties and sufficient to identify tributary areas of watersheds draining onto or through the site. Spot elevations at the overflow point of basins and for existing infrastructure on or adjacent to the site such as pipe, inverts, manhole castings, curbs, etc. shall also be provided;
(b) Soils report indicating soil type locations and identification of soil type characteristics such as hydric soils, agricultural capability, depth to bedrock, and hydraulic conductivity;
(c) Hydrologic characteristics, including surface watercourses, floodplains, delineated wetlands, natural swales, and drainage ways. Ordinary high-water level and 100-year flood elevations of adjoining water courses, lakes, wetlands, streams, etc. at the date of the survey and approximate high and low water elevations. The 500-year flood elevation shall be identified when required by the City Engineer; and
(d) General outlines of existing buildings, land use, and natural features such as waterbodies or wooded areas, roads, driveways, and property boundaries within 300 feet of the tract. This information shall be presented on an aerial photograph at a scale of no less than one inch to 200 feet with a project overlay map.
(3) Preliminary plat identifying the following:
(a) The proposed name of the plat which name shall not duplicate the name of any plat theretofore recorded in the county in which the plat is located and the City of Le Sueur;
(b) Date of application, name, address, phone numbers and applicable license or registration number of the owner, developer, agent, applicant, engineer, surveyor, planner, attorney or other principal involved in the development of the plat;
(c) Proof of ownership or legal interest in the property;
(d) Existing comprehensive plan land use and zoning designation within and abutting the proposed plat. Any zoning changes needed and reference to any zoning or similar land use actions that are pertinent to the proposed development;
(e) Total acreage of the land to be subdivided and total upland area (land above the ordinary high-water mark of existing wetlands, lakes and rivers);
(f) Boundary line survey and legal description;
(g) North arrow and graphic engineering scale of one inch equals 100 feet;
(h) Existing covenants, liens, or encumbrances;
(i) Proposed lot lines, dimensions, and the gross and buildable acreage of all lots. When lots are located on a curve in a road or cul-de-sac, the lot width at the building setback line shall be shown. Proposed lot and block numbers;
(j) Building pad, minimum building setbacks shown on each lot indicating dimensions of the setbacks. Location and width of buffer yards where the subdivision adjoins a collector or arterial street, railroad right-of-way or overhead transmission lines;
(k) Layout of streets, showing right-of-way widths, centerline street grades and approximate radii of all curbs, and names of streets. The name of any street heretofore used in the city or its environs shall not be used, unless the proposed street is an extension of an already named street, in which event the name shall be used;
(l) Access, right-of-way widths, driveways, and street classifications shall be consistent with city standards;
(m) Parks, trails, or other areas intended for public use or common ownership;
(n) Any additional information pursuant to this chapter as requested by the Zoning Administrator;
(o) Dates of plan preparation and revision dates; and
(p) All delineated wetlands and the ordinary high-water level (OHWL) of DNR protected waters.
(4) Preliminary grading, drainage and erosion control plan (based upon a boundary and topographic survey) identifying the following:
(a) Scale (engineering only) at one inch equals 100 feet maximum;
(b) North point indication;
(c) Location of natural features including, but not limited to, tree lines, delineated wetlands, water courses, ponds, lakes, streams, drainage channels, ordinary high-water level (OHWL) and 100 year storm elevations, bluffs, steep slopes, etc;
(d) Existing contours at one foot intervals shown as dashed lines for the subject property;
(e) Proposed grade elevations at one foot intervals shown as solid lines;
(f) Proposed plan for surface water management, ponding, drainage and flood control, including the normal water level and high-water level of all ponds and watercourses including those which drain beyond the boundaries of the subdivision;
(g) Provision for groundwater management including sub-surface drains, disposals, ponding, and flood controls;
(h) Location of all existing storm sewer facilities including pipes, manholes, catch basins, ponds, swales and drainage channels within 100 feet of the subject property. Existing pipe sizes, grades, rim and invert elevations and normal and high-water elevations shall be included;
(i) If the subject property is within or adjacent to a 100-year floodplain, flood elevation and locations shall be shown;
(j) Spot elevations at drainage break points and directional arrows indicating site, swale and lot drainage;
(k) Lot and block numbers, building style, building pad location and elevations at the lowest floor and garage slab for each lot;
(l) Locations, sizes, grades, rim and invert elevations of all proposed storm water facilities, including ponds, proposed to serve the subject property;
(m) Phasing of grading;
(n) The location and purpose of all oversize, non-typical easements;
(o) All soil erosion and sediment control measures to be incorporated during and after construction shall be shown. All erosion and sediment control plans shall be in accordance with Minnesota Pollution Control Agency's Best Management Practices. Locations and standard detail plates for each measure shall be in accordance with city standards and included on the plan;
(p) All re-vegetation measures proposed for the subject property shall be included on the plan, including seed and mulch types and application rates;
(q) Preliminary drainage plan, including the configuration of drainage areas and calculations for one-year, ten-year, 100-year flood elevations. The 500-year flood elevation shall be identified when required by the City Engineer;
(r) Layout of proposed streets showing centerline gradients, section widths, and typical cross sections;
(s) Date of plan preparation and dates of all revisions; and
(t) Plan preparer (licensed engineer).
(5) Preliminary utility plan (based upon a boundary and topographic survey) identifying the following:
(a) Scale (engineering only) at one inch equals 100 feet maximum;
(b) The location, dimensions, and purpose of all easements;
(c) Location and size of existing sanitary sewers, water mains, culverts, or other underground facilities within the subject property and to a distance of 100 feet beyond the outside boundary of the proposed plat. Data such as grades, invert elevations, and location of catch basins, manholes and hydrants shall also be shown;
(d) Location and size of proposed sanitary sewers, water mains, culverts and other storm water facilities, or other underground facilities within the subject project and to a distance of 100 feet beyond the outside boundary of the proposed plat. Data such as grades, invert elevations, and location of catch basins, manholes and hydrants shall also be shown;
(e) Water mains shall be provided to serve the subdivision by extension of an existing municipal system;
(f) Municipal sanitary sewer trunk facilities, laterals and service connections shall be designed and installed in accordance with the design standards approved by the City Engineer;
(g) The location of hydrants and valves for all proposed water mains;
(h) All other utilities shall be located and designed in accordance with the requirements of the City Engineer;
(i) Date of plan preparation and dates of all revisions; and
(j) Plan preparer (licensed engineer).
(C) Determination of requirement for environmental review documents.
(1) The Zoning Administrator shall review the preliminary plat and shall determine if the project crosses thresholds for a mandatory Environmental Assessment Worksheet (EAW), Environmental Impact Statement (EIS), or Alternative Urban Area-Wide Review (AUAR) documents pursuant to Minnesota Rules or shall determine if the city will require elective environmental documents for the project. If such documents are required, the Zoning Administrator shall notify the developer of any applicable environmental review requirements.
(2) An escrow deposit in addition to the standard requirements shall be submitted by the applicant to cover city costs reviewing and administering an EAW, EIS or AUAR.
(3) Environmental review under this section, or other State of Minnesota mandated process, shall terminate the review schedule for the purposes of M.S. § 15.99. The city's review schedule shall re-start upon resubmission of a complete application including the results of the environmental review process.
(D) Additional information required.
(1) Evaluation by the applicant that the subdivision would not be determined to be premature pursuant to the criteria outlined in this chapter.
(2) Phasing plan. For phased subdivisions, preliminary plats shall include a phasing plan that includes:
(a) The sequence of development and approximate areas, number of lots in each phase, total area and buildable area per phase, serially numbered with a description of each phase. Information shall be provided regarding the number of dwelling units, proposed improvements, and common facilities for each;
(b) Any trail/sidewalks within the approved phase of the preliminary plat shall be constructed along with streets and utilities and shall be clearly marked on a site map which shall be an attachment to all sales agreements for individual lots;
(c) A site grading plan that is coordinated with the phasing plan to avoid premature disruption of land or long-term storage of excess materials; and
(d) A development agreement that includes a financial security to ensure completion of common facilities, trails, and landscaping shall be provided.
(3) Documents outlining the content of proposed conservation easements, restrictive covenants, deed restrictions, and establishment of homeowner's associations for review. Where the plat is intended to include common open spaces, these documents shall address ownership and long-term maintenance of these open space areas.
(4) Information or easements showing how public utilities, drainage, and roads can be extended to serve adjacent properties.
(5) Landscape and screening plans showing landscape plantings for street boulevards, subdivision entrances, and buffer yards. Such plans shall specify plant locations, varieties, and sizes, and include elevations of monument signs and the location, ownership, and maintenance responsibilities of the monument signs.
(6) Park, trail, and sidewalk plans.
(7) If required by the City Engineer, a traffic study for the subdivision including traffic generation, traffic distribution of the existing capacity of existing streets, and resulting level of service (LOS) of existing streets at the subdivision build out.
(8) Examples of housing product. Illustration of building footprint, floor plans, and building elevations.
(9) Soil tests for areas where streets are proposed and other soil information as requested by the City Engineer.
(10) Three copies of a wetland replacement plan shall be provided (if applicable).
(11) A build out plan (ghost plat) illustrating a realistic future urban lot and block layout and street system. Development represented by this ghost plat shall be consistent with the future land use as depicted in the comprehensive plan.
(12) Other information deemed appropriate by city staff.
(E) Filing and review of application.
(1) Procedure.
(a) Pre-application meeting. Prior to submitting a preliminary plat application (following a concept plan review, if one occurs), the property owner/applicant shall meet with city staff to discuss the application. Through this meeting, the Zoning Administrator or designee may summarize the city's concept plan review comments and offer suggestions pertaining to additional information or design changes that may assist in expediting the preliminary plat review. The developer shall schedule the meeting with the City Administrator in advance.
(b) Neighborhood meeting. While not required, the city recommends that the property owner/applicant hold a neighborhood meeting for informal comment and feedback prior to preliminary plat application.
(c) The person applying for preliminary plat approval shall submit to the city a complete application and all other information required according to the deadline and meeting schedule established by the city. The application shall address the informational requirements of § 152.051(B) and also any issues identified through the concept plan review procedure.
(d) A complete preliminary plat application shall include:
1. A graphic and written description of the information requirements outlined in this chapter.
2. Applications shall be accompanied by a fee and processing escrow established by the City Council.
(e) The Zoning Administrator, upon receipt of the application, shall notify the applicant in writing within 15 business days if the application is found to be incomplete.
(f) The Zoning Administrator shall refer copies of the preliminary plat to other staff, committees, consultants, or agencies as appropriate.
(g) A preliminary plat abutting upon any existing or proposed trunk highway, county road or County State-aid highway shall be subject to review of the Minnesota Department of Transportation and/or the County Highway Department, as appropriate. Written notice and a copy of the proposed preliminary plat shall be filed with the Minnesota Department of Transportation and/or the County Highway Department for review and comment. Final action on a preliminary plat shall not be taken until the minimum 30 day review period has elapsed.
(h) Upon receipt of a complete application, the Zoning Administrator shall prepare a report and refer the application to the Park Commission and the Planning Commission.
(i) The Planning Commission shall hold a public hearing on the proposed preliminary plat. Notice of the public hearing shall be published in the official newspaper designated by the City Council at least ten days prior to the hearing. The city shall mail written notification of the proposed preliminary plat to property owners located within 350 feet of the subject site. Timing of the mailed notice shall be the same as that for the published notice. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply has been made.
(j) The Planning Commission shall take public testimony at the public hearing and evaluate the requested preliminary plat against the criteria of this chapter, the performance standards of this chapter, the performance standards of the zoning ordinance, and other city requirements. The Planning Commission shall make findings and offer a recommendation for either preliminary plat approval or denial. The Planning Commission may offer a recommendation of approval with conditions necessary to satisfy city regulations.
(k) The Zoning Administrator shall prepare a staff report of the findings and recommendations of the Planning Commission. The findings may include specific conditions of approval or findings related to denial of the plat.
(l) The City Council shall take action on the application within 120 days following delivery of a complete application in accordance with the regulations of this chapter, unless an extension is agreed to in writing by the applicant. If it approves the preliminary plat, the City Council may impose conditions it considers necessary to protect the public health, safety and welfare.
(m) The City Council may deny or require modifications to a proposed preliminary plat when said plat fails to comply with any of the requirements of this chapter, or other applicable regulations, including the zoning ordinance. In addition, the City Council may deny or require modifications to a proposed preliminary plat when the City Council finds that despite technical compliance with applicable ordinances, the plat design results in a likelihood of extraordinary public costs for future maintenance, extraordinary threat to existing natural or environmental features (including woodlands, wetlands, and other water resources), or the potential for public safety hazards that are not typical for subdivisions in Le Sueur.
(n) The City Council shall take action on the application which shall include findings of fact and shall be entered in the proceedings of the City Council and transmitted to the applicant in writing. The lack of a simple majority Council vote to affirmatively approve a preliminary plat shall be a denial of the requested application.
(o) If approved by the City Engineer, grading of the site included in the preliminary plat may occur after approval of the preliminary plat and the approval and recording of a development agreement for the grading work, including financial securities.
(F) Denial of plat.
(1) Premature subdivisions. Any preliminary or final plat of a proposed subdivision deemed premature for development shall be denied by the City Council.
(a) Conditions establishing premature subdivisions. A subdivision may be deemed premature should any of the conditions set forth in the provisions which follow exist:
1. Lack of adequate drainage. A condition of inadequate drainage exists.
a. A condition of inadequate drainage shall be deemed to exist if:
i. Surface or subsurface water retention and runoff is such that it constitutes a danger to the structural security of the proposed structures and/or adjacent properties; or
ii. The proposed subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land.
b. The proposed site grading and development will cause harmful and irreparable damage from erosion and siltation on downstream land.
c. Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the land to floodplains; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect on effluents; and the presence of streams as related to effluent disposal.
2. Lack of adequate water supply. There is a lack of adequate water supply. A proposed subdivision shall be deemed to lack an adequate water supply if joint power water is not available to the plat. With the extension of municipal water, all private wells must be capped in accordance with state statutes.
3. Lack of adequate roads or highways to serve subdivision. There is a lack of adequate roads or highways to serve the subdivision. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when:
a. Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance, and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare or seriously aggravate an already hazardous condition; and when, with due regard to the advice of the City Engineer, the county, and/or the Minnesota Department of Transportation, the roads are inadequate for the intended use;
b. The traffic volume generated by the proposed subdivision would create unreasonable street congestion or unsafe conditions on streets existing at the time of the application or proposed for completion within the next two years; or
c. The roads fail to meet minimum city standards.
4. Lack of adequate waste disposal systems. There is a lack of adequate waste disposal systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if municipal sanitary sewer is not available to the plat or if in subdivisions for which sewer lines are proposed there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density indicated in the city comprehensive plan, as may be amended.
5. Inconsistency with comprehensive plan. The proposed subdivision is inconsistent with the purposes, objectives, and recommendations of the duly adopted city comprehensive plan, as may be amended.
6. Providing public improvements. Public improvements, such as recreational facilities, or other public facilities reasonably necessitated by the subdivision which must be provided at public expense cannot be reasonably provided for within the next two fiscal years.
7. Minnesota Environmental Quality Board (MEQB) policies. The proposed subdivision is inconsistent with the policies of MEQB 25, as may be amended, and could adversely impact critical environmental areas, or potentially disrupt or destroy historic areas which are designated or officially recognized by the City Council, in violation of federal and state historical preservation laws.
(b) Burden of establishing. The burden shall be upon the applicant to show that the proposed subdivision is not premature.
(2) Denial of plat. The Planning Commission may recommend denial and the Council may deny the subdivision if it makes any one or more of the following findings:
(a) That the proposed subdivision is in conflict with adopted applicable general and specific comprehensive plans of the city;
(b) That the physical characteristics of this site, including but not limited to topography, percolation rate, soil conditions, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage, and retention, are such that the site is not suitable for the type of development, design, or use contemplated;
(c) That the site is not physically suitable for the proposed density of development;
(d) That the design of the subdivision or the proposed improvements are likely to cause environmental damage;
(e) That the design of the subdivision or the type of improvements are likely to cause public health problems;
(f) That the design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgement of a court;
(g) That the proposed subdivision, its site, or its design adversely affects the flood-carrying capacity of the floodway, increases flood stages and velocities, or increases flood hazards within the floodway fringe or within other areas of the city;
(h) The proposed subdivision is inconsistent with the policies and standards of the state-defined Shoreland, Floodplain, and Wetland Districts;
(i) The City Council deems the subdivision to be premature;
(j) The design of the subdivision does not conform to minimum city standards; and
(k) That the proposed subdivision will not provide adequate extension of infrastructure including roads or utilities to surrounding property.
(Ord. 423, passed 6-8-1992; Ord. 582, passed 8-26-2019)