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HomeMy WebLinkAbout2003-004 Council OrdinancesCITY OF LINO LAKES ORDINANCE NO. 04-03 AN ORDINANCE REGULATING SUBDIVISION AND PLATTING AND AMENDING CHAPTER 1001 OF THE LINO LAKES CITY CODE The City Council of Lino Lakes hereby ordains that this Ordinance 04-03 replaces Chapter 1001.01 through 1001.19 of the City Code. LINO LAKES CHAPTER 1001 SUBDIVISION AND PLATTING AN ORDINANCE ESTABLISHING PROCEDURES FOR SUBDIVISION AND PLATTING OF LAND, PROVIDING FOR THE ORDERLY, ECONOMIC AND SAFE DEVELOPMENT OF LAND, AND PROVIDING FACILITIES TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE INCORPORATED AREA OF LINO LAKES. LINO LAKES SUBDIVISION ORDINANCE Table of Contents Section 1001: TITLE AND APPLICATION 1001-1 Title 1001.1 1001-2 Purpose 1001.1 1001-3 Jurisdiction 1001.1 1001-4 Platting Authority 1001.1 1001-5 Policy 1001.1 1001-6 Application of Rules 1001.2 1001-7 Definitions 1001.3 Section 1002: GENERAL PROVISIONS 1002-1 Compliance With Comprehensive Plan, Zoning Ordinance, and Official Map 1002.1 1002-2 Fees 1002.1 1002-3 Restrictions on Filing and Recording Conveyance 1002.1 1002-4 Building Permits 1002.2 1002-5 Variances 1002.2 1002-6 Premature Subdivision 1002.2 1002-7 MUSA Allocation 1002.5 Section 1003: CONCEPT PLAN 1003-1 Information Required for Concept Plan 1003.1 1003-2 Filing and Review of Application 1003.4 1003-3 Determination of Requirement for Environmental Review Documents 1003.5 Section 1004: PRELIMINARY PLAT 1004-1 Information Required for Preliminary Plat 1004.1 1004-2 Filing and Review of Application 1004.10 Section 1005: FINAL PLAT 1005-1 Filing and Requirements for Application 1005.1 1005-2 Review, Approval, or Denial 1005.5 1005-3 Form and Content 1005.6 1005-4 Recording 1005.6 1005-5 Record Plans 1005.6 Section 1006: MINOR SUBDIVISION 1006-1 Application 1006.1 1006-2 Qualification 1006.1 1006-3 Filing and Review of Application 1006.1 1006-4 Procedure 1006.3 1006-5 Recording 1006.4 1006-6 Reports to City Council .. 1006.4 Section 1007: Design Standards 1007-1 Conformity with the Comprehensive Plan and Zoning Ordinance 1007.1 1007-2 Land Requirements 1007.1 1007-3 Blocks 1007.1 1007-4 Lots 1007.1 1007-5 Conservation Subdivision Design 1007.4 1007-6 Streets and Alleys 1007.7 1007-7 Easements 1007.8 1007-8 Storm Water Management and Erosion and Sediment Control 1007.9 1007-9 Public Utilities 1007.10 Section 1008: PUBLIC LAND DEDICATION 1008-1 Property Dedication 1008.1 Section 1009: TREE PRESERVATION 1009-1 Tree Preservation by Subdividers .. 1009.1 1009-2 Tree Replacement 1009.4 Section 1010: IMPROVEMENTS 1010-1 Required Public Improvements 1010.1 1010-2 Subdivision Monuments 1010.1 1010-3 Required Private Improvements 1010.2 1010-4 Improvement Financing 1010.3 1010-5 Utility Area and Unit Charges 1010.3 1010-6 Development Agreement 1010.3 1010-7 Construction Plans 1010.5 1010-8 Maintenance of Improvements 1010.5 Section 1011: FINANCIAL SECURITY 1012.1 Section 1012: ENFORCEMENT 1012-1 1012.1 1012-2 1012.1 1012-3 1012.1 1012-4 1012.1 Section 1013: 1013-1 1013-2 Section 1014: Violations Penalties Application to City Personnel Inj unction SEVERABILITY, SUPREMACY Severability . 1013.1 Supremacy 1013.1 EFFECTIVE DATE 1014.1 SECTION 1001: TITLE AND APPLICATION 1001-1 TITLE This Ordinance shall be known as the Lino Lakes Subdivision Ordinance, and will be referred to herein as the Ordinance. 1001-2 PURPOSE The Council being aware of the responsibility which they have for the adoption of ordinances, rules and regulations designed for the protection of health, safety and general welfare of this community, deem it necessary to provide regulations for platting and subdividing of property within the City which will prevent, as far as possible, the uses of land which are not feasible, the location of streets where such location does not fit the overall pattern of the City, the general design of the proposed building lots in any platted area which might prevent compliance with the Building Code, Zoning Ordinance, or other regulations of the City in the future, and to make all subdivisions of property conform as nearly as possible with a future overall plan, does hereby order that all subdivisions hereafter planned within the limits of the City shall, in all respects, fully comply with the regulations hereinafter set forth. 1001-3 JURISDICTION The provisions of this Ordinance shall apply to all lands within the incorporated boundaries of Lino Lakes. 1001-4 PLATTING AUTHORITY The Lino Lakes City Council shall serve as the platting authority of the City in accordance with Minnesota Statute Chapters 462.358, as may be amended. No plat or replat shall be filed or accepted for filing by the Office of the Anoka County Recorder or Registrar of Titles unless adopted by the affirmative vote of the majority of the members of the City Council approving such plat or replat. 1001-5 POLICY 1. It is hereby declared to be the policy of the City to consider the subdivision of land and the subsequent development of the plat as subject to the control of the City 1001.1 Lino Lakes Subdivision Ordinance Title and Application pursuant to the Lino Lakes Comprehensive Plan for the orderly, planned, efficient and economical development of the City. 2. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health from fire, flood, or other menace. Land shall not be subdivided unless proper provisions have been made for drainage, stormwater management, wetland protection, potable water, domestic waste water, streets, and capital improvements such as parks, recreation facilities, transportation facilities, stormwater improvements, and any other necessary improvements. 3. The existing and proposed public improvements shall conform to and be properly related to the Comprehensive Plan, Transportation Plan, Local Water Management Plan, and the Capital Improvement Plan of the City. 4. The provisions of this Chapter are in addition to and not in replacement of provisions of all Building Codes and the zoning regulations. Any provision of the Building Code and zoning regulations shall remain in full force and effect except as may be contradictory to the provisions hereof. Where any provision conflicts with other provision, the most restrictive provision shall be applied. 1001-6 APPLICATION OF RULES The language contained in this Ordinance shall be interpreted in accordance with the following rules of construction as applicable: 1. The singular includes the plural and the plural the singular. 2. The present includes the past and future tenses, and the future tense includes the present tense. 3. 3. The words "shall" and "must" are mandatory while the word "may" is permissive. 4. The masculine gender includes the feminine and neuter genders. 5. Whenever a word or term defined hereinafter appears in this Ordinance, its meaning shall be construed as set forth in such definition. 6. In the event of conflicting provisions, the more restrictive shall apply. 1001.2 Lino Lakes Subdivision Ordinance Title and Application 7. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirement for the promotion of health, safety, and welfare. 1001-7 DEFINITIONS For the purpose of this Ordinance the following definitions have the meaning given them solely for the purposes of implementation of this Ordinance: Alley — A public right-of-way which affords a secondary means of access to abutting property. Applicant — The person(s) whose name(s) are on an application as owner, their agent or person having legal control, ownership and/or interest in land for which the provisions of this Ordinance are being considered or reviewed. Best Management Practices (BMPs) —Best management practices as described in current Minnesota Pollution Control Agency's manual and other sources as approved by the City. Block - An area of land within a subdivision which is entirely bounded by streets or by a combination of streets, railroad right-of-way, or public parks, the exterior boundary or boundaries of the subdivision, or the shoreline of the above with a lake, stream, or river. Boulevard - That portion of the street right-of-way between the curb line or edge of pavement and the property line. Boundary Lines — Lines indicating the bounds or limits of any tract or parcel of land. Buffer Yard — A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts. Build Out Plan (Ghost Plat) — A subdivision or resubdivision concept plan illustrating possible future lot layout, street networks, and utility systems for oversized lots, outlots, or undeveloped land within or adjoining a preliminary plat. Buildable Land — Contiguous land area occurring within the property lines of a parcel of lot excluding wetlands, and/or water courses. Building Line — Also referred to as a setback line, the line beyond which property owners or others have no legal or vested right to extend a building or any part thereof without special permission and approval of the proper authorities. 1001.3 Lino Lakes Subdivision Ordinance Title and Application Capital Improvement Plan - An itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, together with their estimated cost, the justification for each improvement, the impact that such improvements will have on the current operating expense of the government, and such other information on capital improve- ments as may be pertinent. Certificate of Survey — A land survey prepared by a land surveyor registered in the State of Minnesota with a certification that the information on the land survey is accurate. Common Open Space - Any open space including parks, nature areas, playgrounds, trails and recreational buildings and structures owned in common by a group of property owners. Community Water and Sewer Systems - Utility systems serving more than one building or lot. Comprehensive Plan - The Lino Lakes Comprehensive Plan. Condominium -. Multiple family dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota Condominium Law, Minnesota Statutes sections 515.01 through 515.29. Conservation Development - The development pattern and technique whereby lots are arranged in closely related groups to preserve the natural amenities of the land through the creation of common open space. Contour Map — A map on which irregularities of land surface are shown by lines connecting points of equal elevations. Contour interval is the vertical height between contour lines. Critical Root Zone (CRZ) — An imaginary circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter, e.g., a twenty (20) inch diameter tree has a CRZ with a radius of twenty (20) feet. Cul-de-sac - (See Street) Design Standards — The specifications for the preparation of concept plans, preliminary plats, and final plats indicating, among other things, the optimum minimum or maximum dimensions of such features as rights-of-way and blocks, as set forth in this Chapter. 1001.4 Lino Lakes Subdivision Ordinance Title and Application Developer - A person who submits an application for the purpose of land subdivision as defined herein. The developer may be the owner or authorized agent of the owner of the land to be subdivided. Diameter at Breast Height — The diameter of a tree measured at diameter breast height (four and one-half (4.5) feet from the uphill side of the existing ground level). If a tree splits into multiple trunks below four and one-half (4.5) feet, then the trunk is measured at its narrowest point beneath the split. Drip Line — The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree or one (1) foot per one (1) inch of diameter, whichever is greater. Easement — A grant by a property owner for the use of a strip of land by the general public, a corporation, or a certain person or person, for a specific purpose or purposes. Escrow - The deposition of funds in an account maintained by the governmental unit specifically for the purpose of ensuring fulfillment of certain obligations pursuant to this Ordinance. Filter Strip — A linear strip of land along a lake, wetland, river, creek, or stormwater ponding area where vegetation is established and maintain as a means to slow the velocity of stormwater drainage and to filter sediment and pollutants from the stormwater. Financial Guarantee — A financial security consistent with Section 1011 of this Ordinance, posted with the City with the approval of a final plat, guaranteeing compliance with the approved final plat, construction plans, and conditions of approval set forth by the City. Frontage —. see Lot, Frontage Grade, Percentage of - The rise or fall of a street in feet and tenths of a foot for each one hundred (100) feet of horizontal distance measured at the center line of the street. High Water Level — The water level in a watercourse which could be predicted to occur as a result of the critical 100 -year runoff event using U.S. Department of Agriculture Soil Conservation Service methodology, as approved by the City. Improvement, Public — Any drainage facility, street, parkway, park, lot improvement or other facility for which the local government may ultimately assume the responsibility for main- tenance and operation, or which may affect an improvement for which City responsibility is established. 1001.5 Lino Lakes Subdivision Ordinance Title and Application Land Disturbance — Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity. Lot, Lot of Record — A contiguous parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, that has one legal description and parcel identification number recorded with the Anoka County Property Records Department. Also referred to as a "parcel." Lot Area — The total area within the lot lines of a lot measured in a horizontal plan. Lot, Base — Lots meeting all the specifications in the zoning district prior to being subdivided into a two family dwelling or townhome subdivision. Lot, Corner — A lot situated at the junction of and abutting on two (2) or more intersecting street; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty-five (135) degrees or less. Lot Depth — The mean horizontal distance between the front lot line and the rear lot line measured from a ninety (90) degree angle from the street right-of-way within the lot boundaries. Lot, Double Frontage — A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a comer lot. Lot, Flag — A lot that has access to a public street via a narrow strip but does not have the full required frontage on a public street. Lot Frontage — The narrowest lot boundary abutting a public street that meets minimum lot width requirements. If none of the boundaries abutting a public street meet minimum lot width requirements, then the lot frontage is the widest boundary abutting a street. Lot, Interior — A lot, other than corner lot, including through lots. Lot Line — A property boundary line of any lot held in single or separate ownership except that where any position of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way. 1001.6 Lino Lakes Subdivision Ordinance Title and Application Lot Line, Front — The lot line separating a lot from the street right-of-way along the lot frontage. Lot Line, Rear - The lot line opposite and most distant from the lot frontage which connects the side lot lines. For the purposes of this Ordinance, the rear lot line of a triangular lot shall be a line entirely within the lot at least ten (10) feet long and parallel to and most distance point from the front lot line. If the front lot line on such a lot is curved, the rear lot line shall be parallel to a line tangent to the front lot line. Lot Line, Side — Lot lines extending away from the lot frontage, which connects the front and rear lot lines. Lot, Through - A lot fronting on two parallel streets. Lot, Triangular — A lot in which the side lot lines converge into a single vertex. The vertex shall be deemed to be the rear lot line. Lot, Unit — Lots created from the subdivisions of a two family dwelling or townhome having different minimum lot size requirements than the conventional base lots within the zoning district. Lot Width — The horizontal distance between the side lot line of a lot measured at the front building setback line and parallel to the front lot line. If the front lot line is curved, such as on a cul-de-sac, the lot width is measured along a line parallel to a tangent to the front lot line. Metes and Bounds - A method of property description by means of their direction and distance from an identifiable point of beginning. Minor Subdivision — A subdivision which results in three (3) or fewer residential parcels, tracts, or lots from one (1) or two (2) existing parcels, tracts, or lots. (See Sec. 1006-2 for qualifications.) Normal Water Level — A level of water in a watercourse when the watercourse is not in the process of receiving or discharging storm water runoff. The normal water level will typically be the outlet elevation of a pond, lake, or other standing water body. Outlot - A parcel of land shown on a subdivision plat as an outlot, and designated alphanumerically, (for example - Outlot A.) Outlots are used to designate one of the following: land that is part of the subdivision but is to be subdivided into lots and blocks at a later date; land that is to be used for a specific purpose as designated in a developer's agreement or other agreement between the City and the developer. 1001.7 Lino Lakes Subdivision Ordinance Title and Application Ordinary High Water Level (OHWL) The boundary of public waters and wetlands as determined by the Minnesota Dept. of Natural Resources: an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Owner - Any individual, firm, association, partnership, corporation, trust or any other legal entity having proprietary interest in the land. Pedestrian and/or Bicycle Trail — An easement or land dedication given to the City for the purpose of providing walking and/or bicycling areas to City residents. The trails shall provide recreational opportunity and also access to parks, natural areas, and public land in accordance with the City's adopted trail plan. Plat - The drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statute 505, as may be amended. Plat, Final - The final map or drawings and accompanying material described in Section 1005 of this Ordinance on which the developer's plan or subdivision is presented to the City Council for approval and which, if approved, will be submitted to the Office of the City Recorder or Registrar of Titles for filing. Plat, Preliminary - The preliminary map or drawings and accompanying material described in Section 1004 of this Ordinance indicating the proposed layout of the subdivision to be submitted to the City for their consideration for compliance with the Comprehensive Plan, the Zoning Ordinance, and these regulations along with required supporting data. Protective Covenant - A restriction of the use placed upon the property by a present or former owner and recorded in the Office of the City Recorder or the Registrar of Titles. The City will not be responsible to enforce private protective covenants. Registered Land Survey - A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of Registered Land Survey Number. Registered Land Surveyor - A land surveyor licensed and registered in the State of Minnesota. Resubdivision - A change in an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved for public use, or any lot line or if it affects 1001.8 Lino Lakes Subdivision Ordinance Title and Application any map, or plan legally recorded prior to the adoption of any regulations controlling subdivisions. Right -of -Way - A strip of land occupied or intended to be occupied by a street, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term right-of-way for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Right-of-way intended for streets, water main, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the recording of the plat on which such right-of-way is established. Road Right -of -Way Width - The horizontal distance between the outside edges of a road right-of-way. Setback - The minimum horizontal distance between a structure, individual sewage treatment system, or other facility, and an ordinary high water level, sewage treatment system, top of bluff, road, highway, property line, or other facility. Shoreland - Land located within the following distances from public waters: one thousand (1000) feet from the ordinary high water level of a lake, pond or flowage and three hundred (300) feet from a river or stream or the landward extent of a floodplain designated in Chapter 1102 of the City Code on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of Natural Resources. Significant Tree — See definition of Tree. Specimen Tree — See definition of Tree. Street - A right-of-way affording access by pedestrians and vehicles, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, court, way, trail or however otherwise designated. Private ingress and egress easements shall not be considered streets. Street, Improved — A street that is paved according to City standards. Street, Cul de Sac — A local street, one end of which is closed and consists of a circular turn around. 1001.9 Lino Lakes Subdivision Ordinance Title and Application Street Pavement Width - The width of the improved surface of the street as measured at right angles or radially to the centerline of the street from curb face to curb face, or on a street without curbs from the outside edge of the improved shoulder to outside edge of improved shoulder. Subdivision - The creation of one or more lots under the provisions of this Ordinance or any division of an existing lot. Tree — Any of the following type of trees, as each is defined herein: 1. Coniferous Tree. A woody plant which, at maturity, is at least twelve (12) feet or more in height, having foliage on the outermost portion of the branches year round. 2. Deciduous Tree. A woody plant which, at maturity, is at least fifteen (15) feet or more in height, having a defined crown, and which sheds leaves annually. 3. Significant Tree. A healthy tree measuring a minimum of six (6) inches in diameter for deciduous trees, or a minimum of twelve (12) feet in height for coniferous trees. 4. Significant Tree Stand. A grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying five hundred (500) or more square feet of property, which are comprised of deciduous trees six (6) inches or larger in diameter or coniferous trees twelve (12) feet or higher in height. 5. Specimen Tree. A healthy hardwood tree measuring equal to or greater than thirty (30) inches in diameter and/or a coniferous tree measuring fifty (50) feet or greater in height. 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. 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. Watercourses — Any natural or man-made passageway on the surface of the earth so situated and having such a topographical nature that surface water stands or flows through it from other areas. The term includes ponding areas, drainage channels, swales, waterways, creeks, rivers, lakes, streams, wetland areas, and any other open surface water flow which is the 1001.10 Lino Lakes Subdivision Ordinance Title and Application result of storm water or ground water discharge. This term does not include man-made piping systems commonly referred to as storm sewers. Zoning Ordinance - The Lino Lakes Zoning Ordinance No 9-97, as may be amended, regulating the use of land within the incorporated boundaries of Lino Lakes. 1001.11 Lino Lakes Subdivision Ordinance Title and Application SECTION 1002: GENERAL PROVISIONS 1002-1 COMPLIANCE WITH COMPREHENSIVE PLAN, ZONING ORDINANCE, AND OFFICIAL MAP No subdivision of land shall conflict with the provisions of the Comprehensive Plan, Zoning Ordinance, or Official Maps. 1002-2 FEES The fees for all applications and for all permits shall be established by the City Council by special ordinance. The acceptance of all applications, issuance of permits, or recording of any plat shall not occur until a complete application has been filed and the appropriate fees have been paid. 1002-3 RESTRICTIONS ON FILING AND RECORDING CONVEYANCE No conveyance of land within the City shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after such regulations become effective. The foregoing provision does not apply to a conveyance if the land described: 1. Was a separate parcel of record April 1, 1945, or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or of the adoption of subdivision regulations pursuant to a home rule charter; or 2. Was the subject of a written agreement to convey entered into prior to such time; or 3. Was a separate parcel of not less than two and one-half (2.5) acres in area and one hundred fifty (150) feet in width on January 1, 1966; or 4. Was a separate parcel of not less than five (5) acres in area and three hundred (300) feet in width on July 1, 1980; or 5. Is a single parcel of commercial or industrial land of not less than five (5) acres and having a width of not less than three hundred (300) feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than five (5) acres in area or three hundred (300) feet in width; or 1002. 1 Lino Lakes Subdivision Ordinance General Provisions 6. Is a single parcel of residential or agricultural land of not less than twenty (20) acres and having a width of not less than five hundred (500) feet and its conveyance does not result in the division of the parcel into two (2) or more lots, any one of which is Less than twenty (20) acres or five hundred (500) feet in width. 7. A minor subdivision as allowed by the terms of this Ordinance. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this Ordinance shall forfeit and pay to the City a penalty of not less than one hundred dollars ($100.00) for each lot or parcel so conveyed. The City may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. 1002-4 BUILDING PERMITS No building permit shall be issued by the City with respect to any land, parcel or lot until the provisions of this Ordinance in regard to the subdividing of property have been met. 1002-5 VARIANCES The City Council may approve variances from the requirements of this Subdivision Ordinance. All variance requests from these subdivision regulations shall comply with Section 2, Subd. 4 of the Lino Lakes Zoning Ordinance, as may be amended. 1002-6 PREMATURE SUBDIVISION Any concept plan, preliminary plat, final plat deemed premature pursuant to the following criteria shall be denied by the City Council: 1002-6-1 Conditions for Establishing a Premature Subdivision A subdivision may be deemed premature should any of the following conditions not be met: 1. Consistency with the Comprehensive Plan including any of the following: a. Land use plan. b. Transportation plan. 1002.2 Lino Lakes Subdivision Ordinance General Provisions c. Utility (sewer and water) plans. d. Local water management plan. e. Capital improvement plan. f. Growth management policies including MUSA allocation criteria. 2. Consistency with Infill Policies. A proposed urban subdivision shall meet the City's infill policies: a. The urban subdivision must be located within the Metropolitan Urban Service Area (MUSA) or the staged growth area as established by the City's Comprehensive Plan. b. The cost of utilities and street extensions must be covered by one or more of the following: (1) An immediate assessment to the proposed subdivision. (2) One hundred (100) percent of the street and utility costs are privately financed by the developer. (3) The cost of regional and/or oversized trunk utility lines can be financed with available City trunk funds. (4) The cost and timing of the expenditure of City funds are consistent with the City's capital improvement plan. c. The cost, operation and maintenance of the utility system are consistent with the normal costs as projected by the Water and Sewer Rate Study. d. The developer payments will offset additional costs of utility installation or future operation and maintenance. 3. Roads or Highways to Serve the Subdivision. A proposed subdivision shall meet the following requirements for level of service (LOS), as defined by the Highway Capacity Manual: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. 1002.3 Lino Lakes Subdivision Ordinance General Provisions c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer -financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. 4. Water Supply. A proposed subdivision shall be deemed to have an adequate water supply when: a. The City water system has adequate wells, storage, or pipe capacity to serve the subdivision. b. The water utility extension is consistent with the Lino Lakes Water Plan and offers the opportunity for water main looping to serve the urban subdivision. 1002.4 Lino Lakes Subdivision Ordinance General Provisions c. The extension of water mains will provide adequate water pressure for personal use and fire protection. d. Rural subdivision can demonstrate that each of the proposed lots can be provided with a potable water supply. 5. Waste Disposal Systems. A proposed subdivision shall be served with adequate waste disposal systems when: a. The urban sewered subdivision is located inside the City's MUSA or is consistent with the MUSA allocation criteria. b. The City has sufficient MUSA and pipe capacity to serve the subdivision if developed to its maximum density. c. The subdivision will result in a sewer extension consistent with Lino Lakes Sewer Plan and Capital Improvement Plan. d. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary sewer disposal system. e. A rural subdivision with a proposed communal sanitary sewer or water system has an effective long range management and maintenance program with proper financing. 1002-7 MUSA ALLOCATION 1002-7-1 MUSA Availability and Commitment The City shall determine MUSA availability as part of the review of a submitted preliminary plat/phasing plan. City approval of the plan shall constitute a commitment by the City to allocate MUSA at the time of final plat approval according to the phasing plan. The criteria in Section 1002- 7-2 shall be considered in the review of the preliminary plat/phasing plan. 1002-7-2 MUSA Allocation Criteria The following criteria shall be considered to determine if MUSA will be allocated to a preliminary plat/phasing plan: 1. A finding is made that the development of the property is not premature. 1002. 5 Lino Lakes Subdivision Ordinance General Provisions 2. The existing or proposed zoning of the property is consistent with the proposed use. 3. Development of the subdivision will meet environmental design standards of the Lino Lakes Subdivision and Zoning Ordinances. 4. The allocation is applied only to net buildable acreage. 5. A utility extension can be made to the subject property. 6. A roadway extension can be made to the subject property. 7. Development of the property shall not adversely affect the health, welfare, and general safety of the community. 8. The area of the MUSA allocation is consistent with the growth management policy established by the Lino Lakes Comprehensive Plan. 1002. 6 Lino Lakes Subdivision Ordinance General Provisions SECTION 1003: CONCEPT PLAN While not mandatory, it is suggested that subdividers prepare a concept plan depicting the subdivision proposal for informal review prior to filing a formal application. On the basis of the concept plan, the City shall informally advise the subdivider as promptly as possible of the extent to which the proposed subdivision generally conforms to the design standards of this section and to other sections of this Ordinance and shall discuss possible modifications necessary to secure approval of the plan. 1003-1 INFORMATION REQUIRED FOR CONCEPT PLAN The concept plan shall include ten (10) large scale copies and one (1) reduced scale (11" by 17") copy of detailed written materials, plans and specifications to include the following information: NOTE: One/two additional large scale copies shall be provided for each of the following, if applicable: Project is adjacent to a county road or county state aid highway (1) Project is adjacent to a state highway or interstate highway (2) Project lies within a Shoreland District (1) 1. General Location and Site Description. a. Name and address of developer/owner. b. Date of plan preparation and dates of revision. c. Scale of plan (engineering scale only — one (1) inch equals one hundred (100) feet). d. North arrow indication. e. Legal description. f. Property location map illustrating the site location relative to adjoining properties and streets. g. Scaled drawing (engineering scale only) illustrating property boundaries. 1003.1 Lino Lakes Subdivision Ordinance Concept Plan h. Proof of ownership or legal interest in the property in order to make application. i. Current and proposed land use and zoning. J• Evaluation by the applicant that the subdivision would not be determined to be premature pursuant to the criteria outlined by the Comprehensive Plan and Subdivision Ordinance. k. Additional information as required by the Community Development Department. 2. Resource Inventory. A resource inventory, mapped at a scale of no less than one (1) inch to one hundred (100) feet shall include: a. Topographic contours at two (2) foot intervals showing feek-slopes of more than fifteen (15) percent. b. Soil type locations and identification of soil type characteristics such as hydric soils, depth to bedrock, and suitability for wastewater disposal systems, if applicable (Anoka County Soil Survey information). c. Hydrologic characteristics including surface water courses, floodplains, delineated wetlands, natural swales, and drainageways. d. Site vegetation including: (1) Cover type (pasture, woodland, etc.). (2) Woodland area boundaries. (3) Individual trees having a diameter at breast height of eighteen (18) or more inches. (4) Vegetative type descriptions (deciduous, coniferous or mixed) by plant community, relative age, and condition. e. Current land use and land cover (cultivated areas, paved areas, etc.), all buildings and structures on the land, and all encumbrances, such as easements or covenants. f. Transportation systems including: (1) Adjoining streets. (2) Functional classifications. 1003.2 Lino Lakes Subdivision Ordinance Concept Plan g. (3) Current and projected traffic volumes. (4) General conditions. Visual resources (i.e., photographs) showing views onto the tract from surrounding roads and public areas, as well as views within the tract. h. Cultural resources. Brief description of historic character of land, buildings, and structures, historically important landscapes, and archeological features. J• Neighborhood context. General outlines of existing neighborhoods, land uses, buildings, streets, and natural features such as water bodies or wooded areas, roads, driveways and property boundaries within three hundred (300) feet of the tract. This information shall be presented on an aerial photograph at a scale of no less than one (1) inch to two hundred (200) feet. City data resources available to assist the developer with preparation of the resource inventory include: the Lino Lakes Handbook for Environmental Planning and Conservation Development, Wild and Urban Interface project, Metro Greenways Study, and/or other studies. The resource inventory and resulting concept plan may be reviewed against the City data resources. 3. Yield Plan. If the project includes a conservation subdivision or planned unit development, the applicant shall submit a yield plan showing the maximum number of dwelling units that would be permitted given the minimum lot size and lot widths for conventional subdivisions and other requirements of the Lino Lakes Zoning Ordinance and Subdivision Ordinance. The yield plan need not be engineered, however, it shall be drawn to scale and it shall identify all the major physical features on the parcel and shall include. a. Any required zoning changes. b. Minimum lot areas and widths shall conform with the proposed zoning for the site. c. Lot areas shall consist of buildable land as defined by the Lino Lakes Zoning Ordinance. 4. Concept Subdivision Plan. One (1) or more of the subdivision sketch plans meeting the intent of this Chapter and including at least the following information: a. Open space areas indicating which areas are to be protected and defined by the purpose of the open space. 1003.3 Lino Lakes Subdivision Ordinance Concept Plan b. Boundaries of areas to be developed and proposed general street and lot layout. c. Number and type of housing units and/or approximate size and location of commercial and industrial buildings as may be applicable. d. Areas proposed for stormwater management. e. Street system that interconnects neighborhoods that is consistent with the Lino Lakes Transportation Plan. f. Location of utility trunks intended to serve the site. g. In rural residential subdivisions, areas for on-site or communal sewage treatment systems must be highlighted. h. Said plans shall be drawn at a scale of one (1) inch to one hundred (100) feet. i. Total area of wetlands and uplands on site. 1003-2 FILING AND REVIEW OF APPLICATION 1003-2-1 Procedure 1. Pre -Application Meeting. An applicant may meet with City staff to discuss a proposed development and investigate the City requirements for pursuing a development application. 2. Neighborhood Meeting. The City strongly recommends the property owner/applicant hold a neighborhood meeting for informal comment and feedback prior to submitting a formal concept application. 3. An application for concept plan along with the associated information and fee established by the City Council shall be submitted to the Community Development Department 4. The Community Development Department shall submit copies of the concept plan and associated information to other staff, committees, consultants, or agencies as appropriate. 1003.4 Lino Lakes Subdivision Ordinance Concept Plan 5. The Community Development Department shall forward the concept plan submission to the City's advisory boards and City Council for their consideration at regularly scheduled meetings to solicit informal review and comment on the project's acceptability in relation to the City's Comprehensive Plan and development regulations. Such meetings should be attended by the applicant. 1003-3 DETERMINATION OF REQUIREMENT FOR ENVIRONMENTAL REVIEW DOCUMENTS The Community Development Department shall review the concept plan and shall determine if the project crosses any mandatory thresholds for an Environmental Assessment Worksheet (EAW), Environmental Impact Statement (EIS), or Alternative Urban Area -Wide Review (AUAR) pursuant to Minnesota Rules. If such documents are required, the Community Development Department shall notify the developer of the requirement. An escrow deposit in addition to the standard requirements shall be submitted by the applicant to cover City costs reviewing and administering an EAW. 1003.5 Lino Lakes Subdivision Ordinance Concept Plan SECTION 1004: PRELIMINARY PLAT After the completion of the concept plan process, if a concept plan is submitted, the owner or developer shall file with the Community Development Department 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 Community Development Department, City advisory committees, and the City Council, any other applicable agencies, and the public. 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 that will occur during and after development. The preliminary plat is a plan of how property will be subdivided and developed. Additional information or modifications may be required by the Community Development Department, 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. 1004-1 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 ten (10) large scale copies (not less than one (1) inch equals one hundred (100) feet) and one (1) reduced scale copy (11" by 17") of detailed written materials, plans and specifications to include the following information: Plans: 1. Certificate of survey. 2. Resource inventory. 3. Preliminary plat. 4. Preliminary grading, drainage and erosion control plan. 5. Preliminary utility plan. 6. Wetland mitigation plan (if determined necessary). 7. Yield plan (if determined necessary). 8. Environmental evaluations (if determined necessary). 1004.1 Lino Lakes Subdivision Ordinance Preliminary Plat NOTE: One/two additional large scale copies shall be provided for each of the following, if applicable: • Project is adjacent to a county road or county state aid highway (1) • Project is adjacent to a state highway or interstate highway (2) • Project lies within a Shoreland District (1) 1004-1-1 Certificate of Survey Prepared by a licensed land surveyor identifying the following: 1. Scale (engineering only) at not larger than one (1) inch equals one hundred (100) feet. 2. North point indication. 3. Existing parcel boundaries to be platted with dimensions and area. 4. Existing legal description. 5. Easements of record. 6. Delineated wetland boundary, to include the ordinary high water level (OHWL) of any lakes or Department of Natural Resources (DNR) waters. Floodplain as shown on Federal Emergency Management Agency (FEMA) FIRM map. 7. All encroachments. 8. Existing buildings structures and improvements within the parcel to be platted and those one hundred (100) feet outside the boundaries of the subject parcel. 9. Location, widths and names of all public streets, rights-of-way or railroad rights-of- way showing type, width and condition of the improvements, if any, which pass through and/or are within one hundred (100) feet. 10. The outside boundary of the subject property is to be clearly marked with survey monuments. 1004.2 Lino Lakes Subdivision Ordinance Preliminary Plat 1004-1-2 Resource Inventory 1. Topographic contours at two (2) foot intervals showing and slopes of more than fifteen (15) percent. 2. Soil type locations and identification of soil type characteristics such as hydric soils, agricultural capability, depth to bedrock, and suitability for wastewater disposal systems, if applicable (Anoka County Soil Survey information). 3. Hydrologic characteristics, including surface water courses, floodplains, delineated wetlands, natural swales, and drainageways. Ordinary high water level and 100 year storm elevations of adjoining water courses, lakes, wetlands, streams, etc. at the date of the survey and approximate high and low water elevations. 4. Tree inventory identifying vegetation of the site, according to general cover type (pasture, woodland, etc.), defining boundaries of woodland areas and individual significant trees as defined by Section 1001.7 and a tree preservation plan per Section 1009 of this Ordinance . Vegetative types shall be classified as generally deciduous, coniferous or mixed and described by plant community, relative age and condition. 5. Neighborhood Context. General outlines of existing buildings, land use, and natural features such as waterbodies or wooded areas, roads, driveways, and property boundaries within three hundred (300) feet of the tract. This information may be presented on an aerial photograph at a scale of no less than one (1) inch to two hundred (200) feet. 6. City data resources available to assist the developer with preparation of the resource inventory include: the Lino Lakes Handbook for Environmental Planning and Conservation Development, Wild and Urban Interface uroiect, Metro Greenways Study, and/or other studies. The resource inventory and resulting concept plan may be reviewed against the City data resources. 1004-1-3 Preliminary Plat 1. The proposed name of the plat which name shall not duplicate the name of any plat theretofore recorded in the County. 2. Date of application, name, address, phone number and applicable license or registration number of the owner, developer, agent, applicant, engineer, surveyor, planner, attorney or other principle involved in the development of the plat. 3. Proof of ownership or legal interest in the property in order to make application. 1004.3 Lino Lakes Subdivision Ordinance Preliminary Plat 4. Existing Comprehensive Plan guiding and zoning designation within or abutting the proposed plat. Any zoning changes needed, or reference to any zoning or similar land use actions that are pertinent to the proposed development. 5. Total acreage of the land to be subdivided and total upland area. 6. Boundary line survey and legal description. 7. North arrow and graphic engineering scale of one (1) inch equals one hundred (100) feet. 8. Existing covenants, liens, or encumbrances. 9. 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. 10. 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. 11. Layout of streets, showing right-of-way widths, centerline street grades and approximate radii of all curbs, proposed contours within the entire plat, 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. 12. Access, right-of-way widths, driveways, and street classifications shall be consistent with the Lino Lakes Transportation Plan. 13. Parks, trails, or other areas intended for public use or common ownership. 14. Any additional information as requested by the Community Development Department. 15. Dates of plan preparation and revision dates. 16. All delineated wetlands and the ordinary high water level (OHWL) of DNR protected waters. 1004.4 Lino Lakes Subdivision Ordinance Preliminary Plat 1004-1-4 Preliminary Grading, Drainage and Erosion Control Plan The developer shall submit a preliminary grading, drainage and erosion control plan utilizing a copy of the current certificate of survey as a base for the site in question, prepared by a licensed engineer. The grading plan shall be designed to avoid premature disruption of land and long term storage of excess materials. The grading plan shall depict the following information: 1. Scale (engineering only) not larger than one (1) inch equals one hundred (100) feet. 2. North point indication. 3. 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. 4. Existing contours at two (2) foot intervals shown as dashed lines for the subject property and extending one hundred (100) feet beyond the outside boundary of the proposed plat. 5. Proposed grade elevations at two (2) foot intervals shown as solid lines. 6. 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. 7. Provision for groundwater management including sub -surface drains, disposals, ponding, and flood controls. 8. Location of all existing storm sewer facilities including pipes, manholes, catch basins, ponds, swales and drainage channels within one hundred (100) feet of the subject property. Existing pipe sizes, grades, rim and invert elevations and normal and high water elevations must be included. 9. If the subject property is within or adjacent to a 100 year floodplain, flood elevation and locations must be shown. 10. Spot elevations at drainage break points and directional arrows indicating site, swale and lot drainage. 11. Lot and block numbers, building style, building pad location and elevations at the lowest floor and garage slab for each lot. 1004.5 Lino Lakes Subdivision Ordinance Preliminary Plat 12. Locations, sizes, grades, rim and invert elevations of all proposed storm water facilities, including ponds, proposed to serve the subject property. 13. Phasing of grading. 14. The location and purpose of all oversize, non -typical easements. 15. All soil erosion and sediment control measures to be incorporated during and after construction must be shown. Locations and standard detail plates for each measure shall be in accordance with City standards and included on the plan. 16. All re -vegetation measures proposed for the subject property must be included on the plan, including seed and mulch types and application rates. 17. Drainage plan, including the configuration of drainage areas and calculations for one (1) year, ten (10) year, and one hundred (100) year storm events. 18. Layout of proposed streets showing centerline gradients, section widths, and typical cross sections. 19. Date of plan preparation and dates of all revisions. 1004-1-5 Preliminary Utility Plan The developer shall submit a preliminary utility plan utilizing a copy of the current certificate of survey as a base for the site in question, prepared by a licensed engineer, depicting the following information: 1. Scale (engineering only) not larger than one (1) inch equals one hundred (100) feet. 2. The location, dimensions, and purpose of all easements. 3. Location and size of existing sanitary sewers, water mains, culverts, or other underground facilities within the subject property and to a distance of one hundred (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. 4. Location and size of proposed sanitary sewers, water mains, culverts and other stormwater facilities, or other underground facilities within the subject project and to a distance of one hundred (100) feet beyond the outside boundary of the proposed 1004.6 Lino Lakes Subdivision Ordinance Preliminary Plat plat. Data such as grades, invert elevations, and location of catch basins, manholes and hydrants shall also be shown. 5. Water mains shall be provided to serve the subdivision by extension of an existing municipal system wherever feasible. 6. In areas where public water supply is not available, individual wells shall be provided on each lot properly placed in relationship to the individual sewage disposal facilities on the same and adjoining lots. Well plan shall comply with the Minnesota State Well Code, as may be amended, and be submitted for City approval. 7. 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. 8. All individual sewage treatment systems shall be designed and installed in accordance with all applicable State, County, and City requirements. 9. The location of hydrants and valves for all proposed water mains. 10. All other utilities shall be located and designed in accordance with the requirements of the City Engineer. -� 11. Date of plan preparation and dates of all revisions. 1004-1-6 Yield Plan If the project includes a conservation subdivision or planned unit development, the applicant shall submit a yield plan showing the maximum number of dwelling units that would be permitted given the minimum lot size and lot widths for conventional subdivisions and other requirements of the Lino Lakes Zoning Ordinance and Subdivision Ordinance. The yield plan need not be engineered, however, it shall be drawn to scale and it shall identify all the major physical features on the parcel and shall include. 1. Any required zoning changes. 2. Minimum lot areas and widths shall conform with the proposed zoning for the site. 3. Lot areas shall consist of buildable land as defined by the Lino Lakes Zoning Ordinance. 1004-1-7 Determination of Requirement for Environmental Review Documents 1004.7 Lino Lakes Subdivision Ordinance Preliminary Plat The Community Development Department shall review the preliminary plat and shall determine if the project crosses any mandatory thresholds for an Environmental Assessment Workshop (EAW), Environmental Impact Statement (EIS), or Alternative Urban Area -Wide Review (AUAR) pursuant to Minnesota Rules. If such documents are required, the Community Development Department shall notify the developer of the requirement. An escrow deposit in addition to the standard requirements shall be submitted by the applicant to cover City costs reviewing and administering an EAW. 1004-1-8 Additional Information Required 1. Evaluation by the applicant that the subdivision would not be determined to be premature pursuant to the criteria outlined by the Comprehensive Plan and Subdivision Ordinance. 2. Phasing Plan. All preliminary plats shall include, if applicable under the growth management policy, a phasing plan that includes: a. A phasing plan identifying 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. Each phase of a preliminary plat shall be consistent with growth management criteria of the City. 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. Plans for the construction of streets and facilities for sanitary sewer and water also must take into consideration the phasing plan. 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 homeowners associations for 1004.8 Lino Lakes Subdivision Ordinance Preliminary Plat review. Where the plat is intended to include common open spaces, these documents shall address ownership and long term maintenance of these open spaces areas. 4. Information or easements showing how public and/or private utilities, drainage, and roads can be extended to serve adjacent property. 5. Landscape and screening plans showing landscape plantings for street boulevards, subdivision entrances, and buffer yards, and specifying plant locations, varieties, sizes, including elevations of monument signs and the location, ownership, and maintenance responsibilities, of the monument signs. 6. Traffic study for the subdivision including existing and projected traffic generation, distribution, capacity of existing streets, and levels of service. Projections shall include conditions both with and without the project. 7. Documentation that the Rice Creek Watershed District has issued a TWAFAA (tabled with authorization for administrative action). Documentation of VLAWMO review and approval where applicable. 8. Examples of Housing Product. Illustration of building footprint, floor plans, and building elevations. 9. Soil tests for areas where streets or site septic systems are proposed and other soil information as requested by the City and as required by the City Code. 10. Three (3) copies of a wetland replacement plan, as submitted to Rice Creek Watershed District or VLAWMO, shall be provided (if applicable). 11. The preliminary plat submittal must include a build out plan (ghost plat) illustrating a realistic future urban lot and block layout and street system in the following situations. Development represented by this ghost plat must be consistent with the future land use as depicted in the Comprehensive Plan. a. If the plat application includes only part of the tract owned or intended for development by the subdivider, a ghost plat for the remaining land shall be submitted. b. If the proposed development would fully or partially isolate adjacent land such that development of the adjacent land would involve access through the proposed development, a ghost plat for the adjacent land shall be submitted to show that the proposed development will not isolate the adjacent land and make it undevelopable according to City standards. 1004.9 Lino Lakes Subdivision Ordinance Preliminary Plat c. A rural plat located in an area planned for future urbanization (public sewer and water provision). 1004-2 FILING AND REVIEW OF APPLICATION 1004-2-1 Procedure 1. 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 the Community Development Department to discuss the preliminary plat application. Through this meeting, the Community Development Department 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. 2. Neighborhood Meeting. The City strongly recommends the property owner/applicant hold a neighborhood meeting for informal comment and feedback prior to preliminary plat application. 3. The person applying for preliminary plat approval shall submit to the Community Development Department 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 Section 1004-1 of this Ordinance and issues identified through the concept plan review procedure. 4. A complete preliminary plat application shall include: a. A graphic and written description of the information requirements outlined in Section 1004-1 of this Ordinance. b. Applications shall be accompanied by a fee and processing escrow established by the City Council. 5. The Community Development Department, upon receipt of the application, shall notify the applicant within ten (10) City business days if the application is found to be incomplete. 6. The Community Development Department shall refer copies of the preliminary plat to other staff, committees, consultants, or agencies as appropriate. 1004.10 Lino Lakes Subdivision Ordinance Preliminary Plat 7. Upon receipt of a complete application, the Community Development Department shall prepare a report and refer the application to the City advisory committees, including but not limited to the Park Board, Environmental Board, the Planning and Zoning Board, as well as the City Council. 8. The application shall be reviewed by City advisory committees. The advisory committees recommendations will be forwarded to the Planning and Zoning Board for their consideration of the application at a public hearing. 9. The Planning and Zoning Board 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 (10) days prior to the hearing. The City shall mail written notification of the proposed preliminary plat to property owners located within six hundred (600) 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. 10. Documentation that the Rice Creek Watershed District has issued a TWAFAA (tabled with authorization for administrative action). Documentation of VLAWMO review and approval where applicable is required prior to Planning and Zoning action. 11. The Planning and Zoning Board shall take public testimony at their public hearing and evaluate the requested preliminary plat against the premature subdivision criteria of Section 1002-6-1 of this Ordinance, the performance standards of this Ordinance, the performance standards of the Lino Lakes Zoning Ordinance, and other City requirements. The Planning and Zoning Board shall make findings and offer a recommendation for either preliminary plat approval or denial. The Planning and Zoning Board may offer a recommendation of approval with conditions necessary to satisfy City regulations. 12. The Community Development Department shall prepare a staff report of the findings and recommendations of the Planning and Zoning Board. The findings may include specific conditions of approval or findings related to denial of the plat. 13. The City Council shall take action on the application within one hundred twenty (120) days following delivery of an application completed in accordance with the regulations of this Ordinance, unless an extension is agreed to 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. 1004.11 Lino Lakes Subdivision Ordinance Preliminary Plat 14. 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. 15. 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. The grading development agreement shall comply with the requirements of Section 1005-1-1.6.p and Section 1010. 1004.12 Lino Lakes Subdivision Ordinance Preliminary Plat SECTION 1005: FINAL PLAT 1005-1 FILING AND REQUIREMENTS FOR APPLICATION Approval of a preliminary plat by the City Council is an acceptance of the general layout, as submitted, and indicates that the developer may proceed toward final plat approval in accordance with the City Council approval of the preliminary plat, including conditions and the City growth management standards. A complete application for final plat shall be submitted no later than one (1) year after the date of approval of the preliminary plat, or a time as provided in the developers agreement. Otherwise, the preliminary plat approval shall be considered void, unless an extension is requested in writing, and for good cause, is granted by the City Council. The final plat applications for subsequent phases, as described by the approved phasing plan, shall be submitted within one (1) year of approval of the final plat for the previous phase. An extension may be requested in writing for City Council approval. In considering time extensions for final plat submittals, the City Council shall consider the reasons for the extension. If the developer is unable to fulfill the schedule of the approved phasing plan, the City Council may consider allocating to a different development project the MUSA that was committed to the next phase of the plat. The subject plat would then wait until the following year for final plat or MUSA approval for its next phase. The final plat application shall have incorporated all the conditions of City Council approval of the preliminary plat. In all other respects, the final plat shall substantially conform to the preliminary plat. It may constitute only that portion of the approved preliminary plat which the developer proposes to record and develop at that time, provided that such portion conforms with all the requirements of this Ordinance. Approval of the engineering specifications required by this Ordinance pertaining to water supply, drainage, domestic waste water, potable water, street lighting, gas and electric service, grading, roadway standards, widths, and surfacing of streets, shall be completed by the Community Development Department and appropriate development contracts prepared prior to approval of the final plat by the City Council. 1005-1-1 Information Required for Final Plat 1. The City may require five (5) large scale copies (22" by 34") and one (1) reproducible reduction at 11" by 17" and one electronic copy in a format compatible 1005.1 Lino Lakes Subdivision Ordinance Final Plat with the City's computer system of the preliminary plat and of supporting documents illustrating all changes and conditions that were required as part of preliminary plat approval. This revised preliminary plat will provide the historical record of the subdivision approval by which subsequent final plats shall be considered. 2. Five (5) copies of the final plat and supporting documents, plus any additional copies deemed necessary by the Community Development Department plus one (1) reproducible copy reduced to 11" x 17". 3. One (1) up-to-date (within three (3) months) title insurance commitments for the property being subdivided, as the City Attorney or Community Development Department may require. 4. One (1) copy of any title declaration, conservation easements, deed restrictions, restrictive covenants, homeowner's association documents, or common interest community documents. 5. Documents and information necessary to fulfill the conditions of approval of the preliminary plat. 6. Final Plat General Information. a. Name of the subdivision. b. Location by section, township, range, county, and state as well as descriptive boundaries of the subdivision based upon an accurate traverse, giving angular and linear dimensions. c. Scale (engineering only) not larger than one (1) inch equals one hundred (100) feet. d. North point indication. e. The location of monuments shall be shown and described. Monuments shall be at all property corners. f. Location and accurate dimensions of all lots, outlots, streets, and other features. Lots and blocks shall be numbered. g. A listing of the total area of each lot measured in gross square feet per lot, area per block and total area of the plat. 1005.2 Lino Lakes Subdivision Ordinance Final Plat h. The exact location, widths and names of all proposed streets. i. The location and width of all easements to be dedicated. J• Land dedicated as park or trail shall be labeled park on the final plat and dedicated with the final plat. k. Name and address of the registered surveyor of the plat with certification by in the form required by Minnesota Statutes 505.03, as may be amended. 1. Statement dedicating all easements for installation and maintenance of utilities and drainage facilities over, under, and along the areas designated as drainage and utility easements. m. Statement dedicating all streets or other public rights-of-way to the. n. Final grading, construction plans shall be prepared and submitted in accordance with City standards. o. Copies of permits from Department of Natural Resources (DNR), Rice Creek Watershed District (RCWDNLAWMO), Corp of Engineers, Minnesota Pollution Control Agency (MPCA) (Storm Water District Permit) and other, if applicable. Such permits shall be obtained prior to City approval of the final plat. P. Development Contracts. (1) The City Engineer shall have a development financial requirement worksheet prepared and attached to the development agreement. (2) The developer shall meet with the City staff to finalize the terms of the development contract. (3) Upon finalization of the development contract, the City Clerk shall have the final copy of the contract signed by all appropriate parties. The development contract shall be recorded against the property. (4) Financial securities shall be posted with the City as outlined in the development contract. (5) Final grading and utility plans shall be approved by the City Engineer and made a part of the development contract. 1005.3 Lino Lakes Subdivision Ordinance Final Plat (a) No grading shall be allowed until after approval of a preliminary plat and a development agreement for the grading. (b) No construction/installation of sanitary sewer or water facilities or streets shall be allowed until approval of a final plat and a development agreement for the sewer, water, and streets. 7. Additional Final Plat Information. a. Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, easements, areas to be reserved for public use, and other important features. Lot lines to show dimensions in feet and hundredths. b. An identification system for all lots and blocks. c. True angles and distances to the nearest established street lines or official monuments (not less than two (2)), which shall be accurately described in the plat. d. Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles. e. Radii, internal angles, points and curvatures, and lengths of all areas. f. Accurate location of all monuments. Pipes or steel rods shall be placed at the corners of each lot. g. Accurate outlines, legal descriptions of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision with the purposes indicated therein. h. Certification by a registered land surveyor, to the effect that the plat represents a survey made by him and that monuments and markers shown thereof exist as located and that all dimensional and geodetic details are correct. i. Notarized certification by owner, and by any mortgage holder of record, of the adoption of the plat, and the dedication of streets and other public areas. 1005.4 Lino Lakes Subdivision Ordinance Final Plat J. Approval by signature of City and County officials concerned with the approval of the plat. k. Form for approval of the Council as follows: Approved by the Council of the City of Lino Lakes, this day of , 20 . Signed 1005-2 REVIEW, APPROVAL, OR DENIAL (Mayor) (City Clerk) The final plat application shall be considered to be officially filed when the Community Development Department has received and examined the application and has determined that the application is complete. 1. The Planning and Zoning Board shall consider the final plat and the Community Development Department shall forward the Planning and Zoning Board recommendations to the City Council. 2. The following requirements shall be met before consideration of the final plat by the Planning and Zoning Board or the City Council: a. The final plat shall substantially conform to the approved preliminary plat and phasing plan. b. For plats that consist solely of individual single family residential lots, final plat applications for subsequent phases shall not be approved until building permits have been issued for forty (40) percent of lots in the preceding phase. This paragraph applies only when the preceding phase consists of forty (40) or more lots. c. City Attorney approval of the status of title/property ownership related to the final plat. d. Completed development contract including all required financial securities and timeframe for final plat and final grading completion. e. Conditions attached to approval of the preliminary plat shall be fulfilled or secured by the development agreement, as appropriate. f. All fees, charges, and escrow related to the preliminary or final plat shall be paid in full. 1005.5 Lino Lakes Subdivision Ordinance Final Plat 3. The City Council shall act on the final plat by motion. The motion shall include findings of fact supporting the approval or denial, and shall be entered in the proceedings of the City Council. The lack of a simple majority Council vote to affirmatively approve the final plat shall be a denial of the requested application. 4. Sanitary sewer, water, and streets shall only be installed in the area included in the approved final plat. No construction/installation of sanitary sewer or water facilities or streets shall be allowed until: approval of a final plat, and approval of a development agreement for the sewer, water, and streets, and recording of the agreement. 1005-3 FORM AND CONTENT The final plat shall be of the form and content as prescribed in the Minnesota Land Surveyors Association Plat Manual of Minnesota Guidelines, as may be amended, and by State Statute. 1005-4 RECORDING 1. After approval of the final plat by the City Council, the developer shall submit three (3) mylar copies of the final plat and one (1) electronic copy in a format compatible with the City's computer system. 2. After approval and execution of the development contract, the contract shall be recorded. 3. The developer shall record the plat within ninety (90) days after the date of approval, otherwise the approval of the final plat shall be considered void, unless the developer requests and receives an extension from the City Council. 1005-5 RECORD PLANS Upon completion of construction of roads, sanitary sewer, water mains, storm sewer facilities, and grading, the developer shall submit two (2) sets of record plans, and one (1) electronic copy in a format compatible with the City's computer system, indicating all changes in the work, including accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. 1005.6 Lino Lakes Subdivision Ordinance Final Plat SECTION 1006: MINOR SUBDIVISION 1006-1 APPLICATION The provisions of this section shall apply only to those subdivisions classified as minor subdivisions. 1006-2 QUALIFICATION The following may be considered a minor subdivision. In the event circumstances warrant platting of the following minor subdivisions, the City Zoning Administrator may require the subdivision to be processed as a plat in accordance with Section 1004 and 1005 of this Ordinance. 1. A subdivision which results in three (3) or fewer parcels, tracts, or lots from one (1) or two (2) existing parcels, tracts or lots, within unsewered residential areas of the City. 2. Subdivision of sewered residential lots shall be platted in full compliance with Sections 1004 and 1005 of this Ordinance and therefore it is not a minor subdivision. 3. The exchange of abutting land between owners through the relocation of the boundary line between two abutting, existing parcels of property. 4. The creation of a new non-residential lot shall require a plat in compliance with Sections 1004 and 1005 of this Ordinance and therefore is not a minor subdivision. 1006-3 FILING AND REVIEW OF APPLICATION Whenever any subdivision of land as outlined in Section 1006-2 is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure on such proposed subdivision shall be granted, the subdividing owner or his authorized agent, shall file an application and secure approval of a minor subdivision. The minor subdivision application shall be considered to be officially filed when the Community Development Department has received the application and has determined that the application is complete. 1006-3-1 Information Requirements 1006.1 Lino Lakes Subdivision Ordinance Minor Subdivision 1. Certificate of survey prepared by a licensed land surveyor identifying the following: a. Scale (engineering only) at not larger than one (1) inch equals one hundred (100) feet. b. Name and address, including telephone number, of legal owner and/or agent of property. c. North point indication. d. Boundaries, dimensions, and area of existing lots being subdivided and new lots to be created. e. Legal descriptions of existing parcel and legal description of proposed new lots. f. Easements of record. g. Water courses including delineated wetlands. If available, ordinary high water level (OHWL) of any DNR protected waters, 100 year flood elevations of all watercourses (wetlands, ponds, lakes, streams, etc.). h. All encroachments, easements, or rights-of-way encumbering the property. i. Existing buildings, structures, and improvements within the parcel to be platted and those one hundred (100) feet outside the boundaries of the subject parcel. J Locations, widths and names of all public streets, rights-of-way or railroad rights-of-way showing type, width and condition of the improvements, if any, which pass through and/or are within one hundred (100) feet. k. Proposed driveway locations and locations of existing driveways on the same side of the road. 1. Location of any abandoned wells. m. The toe and top of any bluffs present. n. Location of a primary and an alternate site for individual sewage treatment systems for all lots, including a lot with an existing structure and sewage treatment system. 1006.2 Lino Lakes Subdivision Ordinance Minor Subdivision o. Additional data requirements determined appropriate by the Community Development Department. P. Drainage and utility easements, minimum ten (10) feet wide, along all lot lines. These easements may be centered on a lot line shared between lots created by the minor subdivision. q. Any required right-of-way dedication. r. A copy of percolation tests and soil borings for all lots. s. Additional information determined necessary by the Community Development Department to ensure compliance with City requirements. 1006-4 PROCEDURE 1. Prior to formal application, concept plans shall be reviewed by the Community Development Department. 2. A formal application with required fees shall be submitted to the Community Development Department. 3. The Community Development Department shall request input by the City's planning, engineering, and legal staff, as appropriate, as part of a formal review and preparation of a report. 4. The Community Development Department shall have the authority to request additional information pertinent to the administrative subdivision. Failure to provide the necessary supportive information may be grounds for denial of the request. 5. Decision. The Community Development Department shall reach a decision on the requested minor subdivision within one hundred twenty (120) days of complete application, unless the applicant agrees to an extension of the review period. a. The Community Development Director may approve the minor subdivision with conditions that must be met to insure the minor subdivision is compliant with the regulations of the Lino Lakes Subdivision and Zoning Ordinances, as may be amended, and other applicable requirements. 1006.3 Lino Lakes Subdivision Ordinance Minor Subdivision b. The Community Development Director shall prepare findings and deny a subdivision if the minor subdivision is found to be premature as defined by the criteria of Section 1002 of this Ordinance or fails to comply with regulations of the Lino Lakes Subdivision and Zoning Ordinances, as may be amended, or other applicable requirements. The findings shall be sent to the applicant along with information on the appeal/variance process. 6. Decision Appeal. The applicant may appeal a minor subdivision denial following the procedures outlined in Section 2, Subd. 4 of the Lino Lakes Zoning Ordinance. 7. Prior to. certification by the City of the approval of the minor subdivision, the applicant shall supply the deed(s) granting to the City the lot line easements required in Section 1006-3-1.p, above. 1006-5 RECORDING If the administrative subdivision is approved by the Community Development Department, the applicant shall record the deed, and the accompanying survey, in the Office of the Anoka County Recorder within sixty (60) days after the date of approval, otherwise the approval of the administrative subdivision shall be considered void. 1006-6 REPORTS TO CITY COUNCIL The Community Development Department shall provide to the City Council reports summarizing submitted minor subdivision applications and outcomes regarding approval or denial as they occur. 1006.4 Lino Lakes Subdivision Ordinance Minor Subdivision SECTION 1007: DESIGN STANDARDS 1007-1 CONFORMITY WITH THE COMPREHENSIVE PLAN AND ZONING ORDINANCE A proposed subdivision shall conform to the Comprehensive Plan, to related policies adopted by the City, and to the Lino Lakes Zoning Ordinance, as may be amended. 1007-2 LAND REQUIREMENTS 1. Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if the site is not suitable for the purposes proposed by reason of potential flooding, topography, adverse soil conditions, rock formations, or wetlands. 2. Proposed subdivisions shall be coordinated with surrounding properties and/or neighborhoods, so that the City as a whole may develop efficiently and harmoniously. 1007-3 BLOCKS 1. Length. The maximum length of blocks shall be one thousand five hundred (1,500) feet and the minimum length four hundred (400) feet. Blocks over nine hundred (900) feet long may require pedestrianways at least ten (10) feet wide at their approximate center. The use of additional pedestrianways to schools, parks, and other destinations may be required. 2. Arrangement. A block shall be so designed as to provide two (2) tiers of lots unless it adjoins a major collector or an arterial street or where topographic or other conditions render the block arrangement unreasonable. 3. Block Depth. The width of the block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth, except where topography or other conditions render the block depth unreasonable. 1007-4 LOTS 1. Area. The minimum lot area, width and depth shall not be less than that established by the Lino Lakes Zoning Ordinance in effect at the time of adoption of the final 1007.1 Lino Lakes Subdivision Ordinance Design Standards plat. Minimum lot area for urban lots shall consist of buildable land exclusive of utility transmission easements or water course easements that encumber lot development. 2. Corner Lots. Corner lots for residential use shall have additional width to permit appropriate building setback from both streets and a side yard buffer yard where the side yard abuts a collector or arterial street as required in the Lino Lakes Zoning Ordinance. 3. Side Lot Lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. 4. Width. Every lot must have the minimum width measured at the minimum front yard setback and at the setback from the OHWL of an abutting lake or stream and extending to the location of the principal building. 5. Lot Frontage. All lots shall have frontage on an improved public street that provides the required lot width at the minimum front yard setback, except multi -family or planned unit developments that provide access via private roads or drives. Flag lots are prohibited. 6. Urban Single and Two Family Lot Access. All new single and two family urban lots shall be designed to receive access from a local street. Direct lot access from an arterial or major collector street for these urban lots shall be prohibited. 7. New commercial, industrial, and multiple family lots fronting on an arterial or major collector street shall be designed to minimize the number of direct access points through the following methods listed in preferential order. If the highest preference is not possible, the next preference shall be utilized until an access method is possible. a. Access from a local street. b. Frontage road serving multiple properties. c. Frontage driveway or connected parking lot with cross easements serving multiple properties. d. Shared driveways. e. One driveway access, no closer than two hundred (200) feet to another driveway and that meets the City's minimum spacing standards from a street �,. 1007.2 Lino Lakes Subdivision Ordinance Design Standards intersection. All driveways shall be reviewed for consistency with the access management guidelines of the Lino Lakes Transportation Plan. 8. Setback Lines. Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the Lino Lakes Zoning Ordinance, as may be amended. 9. Water Courses. Water courses may be contained within abutting lots. Water courses shall be protected by easement that will include at a minimum a ten (10) foot buffer extending outward from the delineated wetland boundary or the water course ordinary high water level as defined by Section 1001.7 of this Ordinance. Lots with easements protecting water courses shall have sufficient dimensions and area outside the water course easement to meet or exceed the minimum lot area and width specified in the zoning chapter for the district in which the lots are located. 10. Grading for drainage. Lots shall be graded so as to provide drainage away from building locations and shall conform to the approved final grading plan. Storm water drainage from an improved lot shall not be directed at an adjoining property at a rate above a predevelopment condition except where drainage is directed to a designed drainage easement. 11. Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, water courses, historic places or similar conditions which, if preserved, will add attractiveness and stability to the proposed development. 12. Frontage on Two Streets. Double frontage, or lots with frontage on two (2) parallel streets shall not be permitted except where lots back on major collector or arterial streets, City or State highways, or where topographic or other conditions render subdividing otherwise unreasonable. Additional lot depth and a landscaped buffer yard shall be provided where a lot backs onto a major collector or arterial street. 13. Irregular Shaped Lots. On single family residential lots determined to be irregular in shape (e.g., triangular), the developer shall demonstrate to the City an ability to properly place principal buildingsand accessory structures upon the site which are compatible in size and character to the surrounding area. 14. Building Expansion. All single family residential lots shall be designed in consideration of potentials for buildings accommodating garages, porches and decks, etc. without need for setback variance. Said buildings and structures are to be compatible in size and character with the surrounding area. 1007.3 Lino Lakes Subdivision Ordinance Design Standards 15. Lot Remnants/Outlots. All remnants of lots below minimum lot size left over after subdividing a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. Outlots may be platted within a subdivision to delineate future development phases or commonly owned open spaces. The outlet shall be sized in a manner to accommodate its intended use. An outlot shall be platted into a lot and block prior to issuance of a building permit. No building permits shall be issued for an outlot except for open air structures allowed as a recreational component in an open space area. 1007-5 CONSERVATION SUBDIVISION DESIGN 1. Purpose. The intention of conservation subdivision is to compatibly integrate development with the natural features of the site to accomplish the following objectives: a. The perpetual preservation of natural habitat areas and land forms unique to Lino Lakes. b. The creation of open spaces for passive and active recreational uses. c. The creation of well designed residential neighborhoods that feature common open space. d. The establishment of a unified landscape amenity for the enjoyment of the City residents. 2. Open Space Classification Designations. Each open space area shall be classified in one of the following categories: natural habitat, neighborhood recreation, or pedestrian corridor open space, and shall conform to the type of use, location criteria, and deed restrictions of that classification. a. Natural Habitat. The development shall preserve the maximum quantity of natural habitat open spaces in a contiguous, connected configuration. Natural habitat open spaces may include, but are not limited to, fields, wetlands, slopes, bluffs, dense woods, water courses, lakes, ponds, streams, shorelands, and other environmentally sensitive areas or desirable viewsheds. Natural habitat open spaces may be preserved as conservation easements or outlots with shared ownership among the property owners or dedicated to a public agency. 1007.4 Lino Lakes Subdivision Ordinance Design Standards b. Neighborhood Recreation. The development shall locate neighborhood recreation open spaces such that they are an integral part of the neighborhood of surrounding homesites, at an elevation appropriate to their intended recreational use, defined by coherent boundaries, and accessible to all neighborhood residents. Neighborhood recreation open spaces may include, but are not limited to, greens, commons, playgrounds, ballfields, gardens, etc. c. Trail Corridors. Trail corridor open spaces may include, but are not limited to, established regional trails, local pathways, or paved walkways. Public trail corridor park land dedications shall be a minimum of twenty (20) feet in width. Private trail corridors may be established by easement or outlot under the ownership of a homeowners association. Trail corridor open space shall be used for pedestrian, bicycle, and/or equestrian travel. Motorized vehicles shall be prohibited. d. Habitable structures shall not be permitted in any of the designated open spaces. Open and recreational structures may be permitted within open spaces. 3. Ownership and Management. Each designated open space designated shall be owned and managed according to the following means, subject to City approval. a. Open space may be owned in common by the property owners created through subdivision of the original tract. Management shall be the responsibility of that subdivision's homeowner association. In the case where at least one (1) open space is held in common ownership, a homeowner association shall be established for that subdivision. Membership in the association by all property owners in the subdivision shall be mandatory. The homeowners association documents or the declaration of covenants, conditions and restrictions shall be submitted as part of the preliminary plat application and shall contain the following information: (1) The legal description of the common lands or facilities. (2) The restrictions placed upon the use and enjoyment of the lands or facilities including the persons or entities entitled to enforce the restrictions. (3) A mechanism for resolving disputes among the owners or association members. 1007.5 Lino Lakes Subdivision Ordinance Design Standards (4) A mechanism to assess and enforce the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes, and insurance premiums. (5) The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership. b. Natural Habitat. Open space may be deeded to an established land trust or non-profit organization. Management shall be the responsibility of the land trust or non-profit organization. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust or non-profit organization. 1. Open space may be protected by establishing conservation easements in perpetuity in favor of an established land trust or non-profit organization as provided in Minnesota Statutes 84.64 — 84.65. Unless the document establishing the restrictions specifically provides to the contrary, the City shall have no responsibility for the maintenance or management of the area subject to the restrictions. The form and content of the deed or other instrument establishing the restrictions must be approved by the City prior to the execution and delivery thereof. Notwithstanding any provision of this Ordinance to the contrary, the City may, in cases where conservation restrictions are utilized to meet open space dedication requirements of this Ordinance, waive the requirement that the area subject to the restrictions be platted as a separate outlot. 2. Stormwater drainage systems located within open spaces or the residential lots shall be covered by utility and drainage easements dedicated on the final plat to the City. c. Neighborhood Recreational and Trail Corridor. Recreational open space or trail corridors intended as public parks or public trails shall be dedicated to the City. Management and maintenance of the public recreational areas shall be the responsibility of the City. 4. Residential Lot Siting. a. Residential lot areas shall consist of buildable land as defined in Section 1001.7 of this Ordinance. 1007.6 Lino Lakes Subdivision Ordinance Design Standards b. Residential lots shall be sited in a manner that preserves existing significant tree cover on the site. c. View Shed. The lots of a neighborhood may be arranged such that a majority of the principle structures will take visual advantage of an identifiable feature, building, structure, greenway, wetland, woods, lake, stream, or other open space which could be described as a view shed. d. Streetscape. The lots may be arranged such that the principle structures face a local street enhanced with landscaping, street trees, boulevards, medians, or other landscaping techniques appropriate to the City's street design standards. 1007-6 STREETS AND ALLEYS 1. Streets. Design criteria for streets is located in City Code, Section 302. Street Construction Standards, Section 302.03, as amended. 2. Alleys. Alleys shall be allowed within the City in accordance with Section 302 of the Lino Lakes City Code. 3. Streets, Continuous. Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. 4. Street Plans for Future Subdivisions. Where the plat application includes only part of the tract owned or intended for development by the subdivider, a build out plan (ghost plat) illustrating a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. 5. Temporary Cul -de -Sac. In those instances where a street is terminated pending future extension in conjunction with future subdivision and more than two hundred (200) feet between the dead-end and the nearest intersection, a temporary turn around facility shall be provided at the closed end, in conformance with cul-de-sac requirements. This temporary cul-de-sac must be placed inside a temporary roadway 1007.7 Lino Lakes Subdivision Ordinance Design Standards easement if it is located outside street right-of-way. Financial security will be required for removal or restoration as determined by the City Engineer. 6. Provisions for Resubdivision of Large Lots and Parcels. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. 7. Subdivisions Abutting Major Rights -of -Way. Wherever the proposed subdivision contains or is adjacent to the right-of-way of a U.S. or State highway, City road, local collector, or local arterial street, provision may be made for a service street approximately parallel and adjacent to the boundary of such right-of-way; provided that due consideration is given to proper circulation design, setbacks from an intersection on the major rights-of-way, or for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths. 8. Compliance with the Lino Lakes Transportation Plan. All subdivisions incorporating streets which are identified in the City Transportation Plan, as amended, shall comply with the minimum right-of-way, surface width, and design standards as outlined in said plan, and must be reviewed and approved by the City Engineer. 9. Access Management Requirements. All subdivisions shall be reviewed for its consistency with the access management guidelines of the Lino Lakes Transportation Plan. 1007-7 EASEMENTS 1. Lot Lines. Drainage and utility easements at least ten (10) feet wide shall be provided on all lot lines (see diagram below). These easements may be centered on common rear and side lot lines. At a minimum, these easements shall be ten (10) feet wide along all lot lines on streets and along all boundaries with land not being developed. The easements shall have continuity of alignment from block to block. At deflection points, an easement for a pole line anchor shall be provided where necessary. 1007.8 Lino Lakes Subdivision Ordinance Design Standards s t r e e t r h t 0 f w a y street right of way street right of way 10 ! i i I t i 10 f i. 10 10 10 101 15 i 5 51 9 10 1 i 1 ; { { e f { 5 5 5 5 ...,...._.,.5�.�.._._..., _. _. _ _.t _....a . , i { s : i f_ ! ! 10 f. 51 5by 5& { € i10 i { 10 10 10 10 street right of way n.r.n.r.r,r.• ",r• r, r, r.rft a+,r,n.rJ ,n,.+„+�J'�,r�d+d►�!`d+.f�."s"Vs.". V�.."," r.r�►rr,rrr,rr� r V� N'�v'�rrrr�rJ rrrrrNrrrrrr.t r+r+rrr*.rv'►vf+J rJ.v'�r/+rr.rrlrrl r�r rr++.rrr.".."*. '►d+rrJ rr,,",r J�rrr/�rrrrrr rrJ 1�J•rr�rrrrr.r�I undeveloped land .rrrrrtir+rJ+rrrl .rrrrr�rrr�r+rJ rJ•rr.r.r.r.rJ 1�rrrrr++.rJ`rrrd'•.. -.. -.. •..• •,. •.. •,. • .. •....o .•..• • •✓rrr v^�ti,^rrrrrrJ .+'`..rr+^.rd'�.T rr.I+rrrr�+: rrr�J•v'+rI►v"v+rr+v+rrrr��+d+vAv^r+'�r/�J 1�rr+ r/� ..+� rA./� rF�+r+ rP� •vim vl�rr•.f�rf� �r/+rf�rf�rl� rr� Y� rrr/�.rr�rr �+l+J s t r s e t r 9 t 0 f w a y 2. Drainage Channels. Easements shall be provided along each side of the centerline of any waterway or drainage channel. The easements shall be of a sufficient width to provide for proper maintenance and protection of the waterway or channel, stormwater runoff, and the installation and maintenance of drainage systems. Such easements for drainage purposes shall not be less than twenty (20) feet in width. 3. Utilities. Easements shall be provided for all sanitary sewer, water main, and stormwater facilities. The easements shall be of a sufficient width to provide for access, proper maintenance, and protection of the facilities. 1007-8 STORM WATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL 1007.9 Lino Lakes Subdivision Ordinance Design Standards 1010 ; i ! { ; ;. _.___.._..._._ ;! 4i it5 tt s{ ` 10 , —.—,...,-..__--t ! .5iiti5 1 � I 10 ;..�._--.____.- i i I 1a1M } 1 i 1 i ........ ..........i 10 '10 10 10 n.r.n.r.r,r.• ",r• r, r, r.rft a+,r,n.rJ ,n,.+„+�J'�,r�d+d►�!`d+.f�."s"Vs.". V�.."," r.r�►rr,rrr,rr� r V� N'�v'�rrrr�rJ rrrrrNrrrrrr.t r+r+rrr*.rv'►vf+J rJ.v'�r/+rr.rrlrrl r�r rr++.rrr.".."*. '►d+rrJ rr,,",r J�rrr/�rrrrrr rrJ 1�J•rr�rrrrr.r�I undeveloped land .rrrrrtir+rJ+rrrl .rrrrr�rrr�r+rJ rJ•rr.r.r.r.rJ 1�rrrrr++.rJ`rrrd'•.. -.. -.. •..• •,. •.. •,. • .. •....o .•..• • •✓rrr v^�ti,^rrrrrrJ .+'`..rr+^.rd'�.T rr.I+rrrr�+: rrr�J•v'+rI►v"v+rr+v+rrrr��+d+vAv^r+'�r/�J 1�rr+ r/� ..+� rA./� rF�+r+ rP� •vim vl�rr•.f�rf� �r/+rf�rf�rl� rr� Y� rrr/�.rr�rr �+l+J s t r s e t r 9 t 0 f w a y 2. Drainage Channels. Easements shall be provided along each side of the centerline of any waterway or drainage channel. The easements shall be of a sufficient width to provide for proper maintenance and protection of the waterway or channel, stormwater runoff, and the installation and maintenance of drainage systems. Such easements for drainage purposes shall not be less than twenty (20) feet in width. 3. Utilities. Easements shall be provided for all sanitary sewer, water main, and stormwater facilities. The easements shall be of a sufficient width to provide for access, proper maintenance, and protection of the facilities. 1007-8 STORM WATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL 1007.9 Lino Lakes Subdivision Ordinance Design Standards 1. Drainage. The natural drainage shall be used as far as is feasible for the storage and flow of runoff. The design of a drainage system shall conform to any overall storm water drainage plan for the area. The following requirements shall also apply: a. Storm water drainage shall be consistent with policies and standards of the Lino Lakes Local Water Management Plan, as may be amended. b. No existing ditch, stream, drain or drainage channel shall be deepened, widened, re-routed or filled without written permission from the City and other governmental agencies. c. Where drainage channels must be constructed to augment the natural drainage system, such channels, as well as the natural drainageways, may be planned as a part of a recreational trail system. When this is done, channels shall be designed to be aesthetically compatible for recreational trail use. 2. Either Rice Creek Watershed or VLAWMO shall approve all subdivision grading, drainage, and wetland mitigation plans. 1007-9 PUBLIC UTILITIES Telephone, electric, cable, gas service lines and/or other public utilities are to be placed underground in accordance with City standards. 1. Developers shall apply for City permits to install underground utilities in public rights-of-way. 2. The City shall approve all utilities prior to installation. 3. Public utilities shall be installed in a joint trench in accordance with City standards. 4. Conduit shall be installed for all road crossings. 5. Public utility installation shall not occur until one (1) week after all curb has been backfilled. 1007.10 Lino Lakes Subdivision Ordinance Design Standards SECTION 1008: PUBLIC LAND DEDICATION 1008-1 PROPERTY DEDICATION 1. A portion of any subdivision shall dedicate to the City a reasonable portion of the proposed subdivision for public streets, roads, utility easements, water facilities, storm water drainage and holding areas or ponds and other similar utilities and improvements. 2. As a prerequisite to any subdivision approval, and at the sole determination by the City, applicants and/or developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City's park dedication fund roughly related to the anticipated effect of the subdivision on the park and trail system. The amounts listed in this Section are the City's best estimate of the dedication or cash contribution needed to offset the effect of the subdivision on the park and trail system. The requirement may also be met with a combination of land and cash if approved by the City Council. 3. 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, and future park needs pursuant to the Comprehensive Park Plan. Wetlands, ponding areas, and drainage ways shall not be eligible for park dedication credit. Park land to be dedicated shall be above the ordinary high water level. Grades exceeding twelve (12) percent or areas unsuitable for park development shall not be considered for dedication. Land with trash, junk, pollutants and/or unwanted structures is not acceptable. 4. The applicant shall confer with City Staff and the Park Board at the time the preliminary plat is under consideration, to secure a recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The preliminary plat shall show the location and dimensions of all areas to be dedicated in this manner. Such contribution requirement recommendation(s) will be sent to the Planning and Zoning Board for review and comment and subsequently to the City Council for their approval. 5. When a proposed park, playground, recreation area or other public ground has been indicated in the City's official map or Comprehensive Park Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the appropriate governmental unit. If the applicant elects not to dedicate an area in excess of the 1008.1 Lino Lakes Subdivision Ordinance Public Land Dedication land required hereunder for such proposed public site, the City may consider acquiring the excess land through purchase or condemnation. 6. Where private open space for park and recreation purposes is provided in a proposed subdivision, such 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. 7. The City, upon consideration of the particular type of development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In such cases, a cash contribution shall be required above the land dedication to ensure that compensation is received for the full amount of the impact on the City's park and trail system. 8. In all new residential, commercial and industrial subdivisions, ten (10) percent of the area subdivided shall be dedicated for public recreation space or other public use as established by City Council resolution. A different percentage may be applied as the City Council shall determine to be reasonably necessary as a result of the subdivision approval. This ten (10) percent shall be calculated on the net area, which is the gross area of the subdivided property minus the area in wetlands. The land dedicated for public recreation shall be in addition to property dedicated for streets, alleys, easements, or other public ways. No areas may be dedicated for public use until such areas have been approved by the City Council as suitable and necessary for the health, safety, convenience and general welfare of the City. 9. When a subdivision is proposed, the developer shall make a dedication of land for public park and trail use, as provided for in Subdivision 8, of this Section, or shall pay a fee in lieu of such land dedication as established by City Council resolution. Said amount is the City's best estimate of the effect of the subdivision on the City's park system. 10. All land proposed for trail and/or bikeway dedication shall be subject to the recommendations of the Park Board and approval of the City Council. 11. The City may elect at its sole discretion to receive a combination of cash, land, and development of the land for park and/or trail use. Combined park land and cash dedications shall be calculated based upon the following: a. At the time of subdivision, a yield plan will be prepared demonstrating the total number of units/lots possible within the development without a park. This figure is then multiplied by the residential per unit park dedication charge (established by City Council Ordinance). The result of this 1008.2 Lino Lakes Subdivision Ordinance Public Land Dedication calculation is equal to the total cash value of the park dedication for the residential project. The formula is outlined as follows: (1) Buildable Acres (less wetlands, right-of-way, waterbodies etc.,) x Average Density = Number of Units/Lots. (2) Number of Units/Lots x Residential Unit Cash Charge = Total Cash Contribution for the Subdivision. b. Land Value Determination. The value of the land dedication is determined based upon the following formula: (1) Total Land Dedication Acres x Land Value = Total Land Value c. To determine the combined land and cash dedication requirement, the following formula should be used: (1) Total Cash Contribution for Subdivision — Land Value for Park Land = Balance of Cash Contribution. 12. Planned unit 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. 13. Park cash contributions are to be calculated and established based on land value at time of final plat. Cash dedications shall be included in the development agreement and paid prior to the City's signature of and release of the final plat. For subdivisions that do not require a development agreement, the cash dedication shall be paid before the City releases the signed approval of the subdivision for recording. 14. Cash contributions for parks and trails shall be deposited in either the City's Park Fund or multi-purpose trail fund and shall only be used for park acquisition or development, and trail acquisition or development as determined by the City. 15. Property being replatted with the same number of lots and same number of dwelling units shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, or if land outside of the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional units/lots and on the additional land being added to the plat. 1008.3 Lino Lakes Subdivision Ordinance Public Land Dedication 16. If the applicant or developer does not believe that the estimates contained in this Section fairly and accurately represent the effect of the subdivision has on the park or trail system of the City, the applicant or developer may request that the City prepare an in-depth study of the effect of the subdivision on the park and trail system and an estimate of that effect in money and/or land. All costs of such study shall be paid by the developer or applicant. If the developer requests the preparation of such a study, no application for the development shall be deemed complete until the study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the effects of the subdivision. 1008.4 Lino Lakes Subdivision Ordinance Public Land Dedication SECTION 1009: TREE PRESERVATION The following process for preserving significant trees shall be required of subdividers. 1009-1 TREE PRESERVATION BY SUBDIVIDERS 1. Required Actions. Subdividers shall: a. Incorporate the preservation of trees into the overall design of the plat. b. Prepare a tree preservation plan superimposed on the grading plan, as described below. c. Ensure the tree preservation plan is followed during the plan development (mass grading). d. Provide a financial guarantee as part of the development agreement to guarantee the preparation and implementation of the preservation plan and the replacement of all significant trees which were to be saved but were actually destroyed or damaged. The financial security in an amount determined by the City Council and adopted by ordinance shall be provided for: (1) Each mass graded lot with at least one (1) significant tree to be saved, and (2) Each custom graded lot with at least one (1) significant tree on the lot, and (3) Each outlot with at least one (1) significant tree. e. Install snow fencing or polyethylene laminar safety netting at the drip line or critical root zones of trees to be saved. f. Install signage at all tree protection areas that instructs workers to stay out. g. Install erosion control measures. h. Keep tree protection measures in place and in good condition until all grading and construction activity is terminated. 1009.1 Lino Lakes Subdivision Ordinance Tree Preservation i. Prevent change in soil chemistry due to concrete wash out and leakage or spillage of toxic materials such as fuels or paints. 2. Prohibited Actions. a. No soil disturbance shall occur within the subdivision until the tree preservation plan is approved, financial securities have been submitted and development agreement approved, and tree protection measures are in place on site. b. Construction staging areas and areas for the storage of equipment and stockpiling of materials shall not be within tree protection areas. c. Fill shall not be placed against tree trunks, under the drip line, or in critical root zones of trees to be saved. d. Pruning of oak trees shall not take place from April 1St through July 15th. If wounding of oak trees occurs, a non-toxic tree wound dressing must be applied immediately. Excavators shall have a non-toxic tree wound dressing with them on the development site. 3. A tree preservation plan shall be submitted and shall consist of the following items: a. Tree inventory, prepared by a licensed land surveyor and a forester or landscape architect, that includes the size, species, tag numbers, and locations of all significant trees, specimen trees, and significant tree stands on the entire property included in the preliminary plat. b. Mass graded areas and proposed grades. Changes in grades should be well planned with the objective of preserving significant trees. c. Custom graded lots. d. All significant trees proposed to be saved and significant trees proposed to be removed in soil disturbance areas e. The plan shall designate tree save zones for: (1) areas not in soil disturbance areas, and (2) all specimen trees to be saved, and 1009.2 Lino Lakes Subdivision Ordinance Tree Preservation (3) all significant tree stands to be saved. f. Measures proposed to protect significant trees including, but not limited to: (1) Tree removal procedures including directional felling away from existing trees to be saved and trenching to separate root systems prior to bulldozing trees or stumps. (2) Installation of signage at all tree protection areas that instructs workers to stay out. (3) Installation of snow fencing or polyethylene laminar safety netting at the drip line or critical root zones of trees to be saved. (4) Installation of erosion control measures. (5) Designation of a construction staging area along with a designated area for the storage of equipment and stockpiling of materials that is not within tree save zones. (6) Construction access locations. (7) Overlay of the subdivision utility plan on the tree preservation plan to strategically lay out utility locations and trenches in a manner that protects trees to be saved. Individual utility stubs to home sites shall be reviewed for compliance with tree preservation plans. 4. After mass grading has been completed and streets and utilities installed, the subdivider's forester or landscape architect shall: a. Certify in writing to the City the status of all trees indicated as trees to be saved 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. 5. If a significant tree indicated to be saved on the tree preservation plan is destroyed or damaged, it shall be replaced in accordance with the tree replacement requirements of Section 1009-2. 1009.3 Lino Lakes Subdivision Ordinance Tree Preservation 6. The financial security will be released upon: a. Certification in writing by the forester or landscape architect indicating that the tree protection measures were installed on mass graded lots and tree replacement is completed, if necessary. These must be confirmed by the City. b. The home builders having posted a security for the custom graded lots. 1009-2 TREE REPLACEMENT 1. Subdividers and/or home builders shall be required to replace significant trees which were indicated on the tree preservation plan to be saved but ultimately were destroyed or damaged. Each significant tree that was supposed to be saved but was destroyed or damaged shall be replaced with two (2) replacement trees. 2. Replacement trees shall consist of nursery stock and be no less than the following sizes: a. Deciduous Trees: No less than two and one-half (2.5) inches in diameter. b. Coniferous Trees: No less than six (6) feet high. 3. Replacement trees shall be species similar to the trees which were destroyed or damaged and can include those species shown on the following table: a. Deciduous Trees: Maple Linden Honeylocust Hackberry b. Coniferous Trees: Fir White spruce Black Hills spruce Austrian pine 1009.4 Oak Ash Birch Red Pine Eastern red cedar White pine Northern white cedar Lino Lakes Subdivision Ordinance Tree Preservation 4. Unacceptable Trees: The following trees are unacceptable because of structural instability, susceptibility to disease, or because they are invasive species. a. Deciduous : Norway maple Siberian Elm Silver maple Cottonwood Amur maple b. Coniferous: Colorado spruce 5. Replacement trees shall not be placed on easements or street rights-of-way. Prior to planting replacement trees, the subdivider or home builder shall submit for City review and approval the locations of the replacement trees. 1009.5 Lino Lakes Subdivision Ordinance Tree Preservation SECTION 1010: IMPROVEMENTS 1010-1 REQUIRED PUBLIC IMPROVEMENTS No final plat shall be approved by the City Council until improvements and construction of the land, streets, and trails, together with all other necessary facilities in the plat have been designed and satisfactorily arranged in accordance with provisions of the regulations for land improvement and construction and conditions of subdivision approval. In addition to construction on land, streets, and trails, the developer, as part of the final plat, shall install and pay for light poles, fixtures and street name signs as approved by the City and the utility company serving the location. Such installations shall be completed before the street is surfaced. The following is a detailed description of public improvements required to be completed for each final plat: 1. Grading, drainage, wetland mitigation, and erosion control. 2. Sanitary sewer facilities. 3. Water facilities. 4. Storm sewer. 5. Streets. 6. Street and traffic signs. 7. Sidewalks and trails. 8. Street lights. 9. Subdivision monuments. 1010-2 SUBDIVISION MONUMENTS 1. Durable iron monuments meeting the minimum requirements of State law shall be set at all angle and curve points on the outside boundary lines of the plat and also at all block and lot corners and at all intermediate points on the block and lot lines indicating changes of direction in the lines and witness corners. 1010.1 Lino Lakes Subdivision Ordinance Improvements 2. All Federal, State, City, or other official benchmarks, monuments, or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat. 3. To ensure that all irons and monuments are correctly in place following the final grading of a plat and construction of utilities, financial security will be required as determined by the City Engineer._ 1010-3 REQUIRED PRIVATE IMPROVEMENTS As part of the final plat, the following private improvements shall be required where applicable to a new subdivision: 1. Where public sewer and water facilities are not available for extension into the proposed subdivision, the City may permit the use of individual water and sewer systems in accordance with City and State regulations, as may be amended. 2. Communal or shared on-site sewage and water systems may be allowed within a subdivision provided: a. All on-site communal sewage treatment systems shall conform to the performance standards of Minnesota Pollution Control Agency's Standards for Sewage Treatment Systems Minnesota Rules 7080, as amended. b. All subdivision proposals shall be reviewed by the City for suitability of platted lots to accommodate communal sewage treatment systems and water systems. c. A communal sewage system shall include a community management plan that is controlled by an entity with the authority to bill system users for the costs of maintenance, management, operation, and repair of the system. The community management plan shall be subject to the review and approval of the City. d. Subdivisions with communal sewage treatment systems shall reserve land area for a replacement system. 3. Required landscaping, buffer yards, and tree preservation shall be installed and maintained in accordance with plans approved by the City. 1010.2 Lino Lakes Subdivision Ordinance Improvements 1010-4 IMPROVEMENT FINANCING All public improvements for new subdivisions shall be financed and secured in accordance with public improvement financing policies of Lino Lakes, as may be amended. 1010-5 UTILITY AREA AND UNIT CHARGES The following utility area and unit charges shall be collected with any new subdivisions in accordance with the public improvement financing policy of Lino Lakes, as may be amended: 1. Trunk sewer area and unit charges. 2. Trunk water main area and unit charges. 3. Surface water management planning (SWMP) and storm sewer trunk (SST) charges. 1010-6 DEVELOPMENT AGREEMENT Prior to commencing grading or the installation of any required improvements, the developer shall enter into a written development agreement with the City requiring the developer to furnish, construct, and complete said grading and improvements in accordance with plans and specifications and usual agreement conditions and/or pay appropriate costs for improvements or other costs associated with the plat. Further, the agreement shall provide for the development of any restrictions, covenants, easements, signage, park or open space requirements, or other conditions of the approved preliminary plat and provide for the proper execution, recording or other action required. Approval of the development agreement shall be by City Council resolution. For a project involving a phasing plan, the initial development agreement shall allow for grading, wetland mitigation, and installation of stormwater management facilities on the entire site included in the approved preliminary plat. Such work may begin after approval of the preliminary plat but only after approval, execution, and recording of the development agreement. Such work must comply with the approved grading plan. The construction of streets, facilities for sanitary sewer and water, and other improvements beyond grading, wetland, and stormwater facilities shall not begin until approval of a final plat.. Each subsequent phase shall require a separate development agreement for improvements beyond those covered in previous agreements. Improvements in each phase shall not begin until the final plat for that phase is approved and the development agreement for the phase is approved, executed, and recorded. 1010.3 Lino Lakes Subdivision Ordinance Improvements The initial development agreement (for grading) may address construction of streets and facilities for sanitary sewer and water for the first phase and list the financial securities and other requirements. However, the agreement shall stipulate that the work on these improvements shall not begin until approval of the final plat for the first phase and the provision of all financial securities by the developer. 1. Each approved and executed development agreement shall be recorded. Each agreement shall require that it is to be binding upon the developer, his or their heirs, personal representative, and assigns. It shall stipulate that: a. All improvements called for in the plat, or in any supplementary agreements, must be complete within the time specified by the City. b. No private construction shall be conducted on any lots in the plat or filing of applications for building permits for said construction on said lots, until all improvements required under the City regulations for the proposed subdivision have been made or arranged in a manner provided for in this section. 2. The development agreement shall include provisions for construction work inspection by the City and assurance that the developer will conform with current testing requirements and quality control procedures of the City of Lino Lakes. The developer shall provide documentation from a qualified testing laboratory and/or registered professional engineer that all improvements have been constructed in accordance with the requirements of the approved plans and specifications. 3. The development agreement shall require the developer to provide a certification from a registered land surveyor or engineer that the land included in the plat has been graded in conformance with the approved grading plan prior to the issuance of building permits. 4. The development agreement shall require the developer to provide a financial security to ensure payment of fees related to the subdivision and completion of all improvements. 5. A time schedule for completion of the work shall be determined by the City upon recommendation of the City Engineer after consultation with the developer and shall be reasonable in relation to the work to be done, the seasons of the year, and proper coordination with construction activity in the subdivision. 6. The development agreement shall include action remedies in the event of default including: 1010.4 Lino Lakes Subdivision Ordinance Improvements a. The City may complete the improvements by contract or force and obtain reimbursement of its costs from the posted security deposit. b. The City reserves the right to withhold building permits for violation of any terms of the development agreement. 7. The development agreement shall require, when a plat includes an area of 100 year flood, as indicated on the Flood Insurance Rate Map of the Federal Emergency Management Agency (FEMA), an application for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) shall be submitted to FEMA, and a copy furnished to the City, prior to the issuance of any building permits in the platted area. The development agreement may include financial security to ensure the preparation of the FEMA application. 1010-7 CONSTRUCTION PLANS A minimum of three (3) copies of the construction plans shall be furnished to the City for City Engineer review and approval. Additional copies may be required by the City. Construction plans for the required improvements shall conform in all respects with all applicable ordinances and standards of the City. Construction documents shall be prepared, at the expense of the developer, by a licensed professional who is registered in the State of Minnesota, and said plans shall contain his certification. Such plans, together with the quantities of construction items, shall be submitted to the City Engineer for his approval and for his estimate of the total cost of the required improvements. Upon approval, they shall become a part of the development agreement. 1010-8 MAINTENANCE OF IMPROVEMENTS The developer shall be required to maintain all improvements in the subdivision or on the individual subdivided lots and provide for snow removal and maintenance of streets, if required, until acceptance of said improvements by the City Council in coordination with the development agreement. 1010.5 Lino Lakes Subdivision Ordinance Improvements SECTION 1011: FINANCIAL SECURITY The developer shall provide financial security to the Lino Lakes Public Improvement Financing Policy, as amended. A development agreement shall include a description of the required securities. SECTION 1012: ENFORCEMENT 1012-1 VIOLATIONS The violation of any provision of this Ordinance or the violation of the conditions or provisions of any permit issued pursuant to this Ordinance shall be a misdemeanor, and upon conviction thereof, the violator shall be subject to fine or imprisonment or both, as set forth in Minnesota Statutes plus, in either case, the cost of prosecution. 1012-2 PENALTIES Unless otherwise provided, each act of violation and every day on which such violation occurs or continues shall constitute a separate offense. 1012-3 APPLICATION TO CITY PERSONNEL The failure of any officer or employee of the City to perform any official duty imposed by this Ordinance shall not subject the officer or employee to a penalty imposed for violation unless a penalty is specifically provided for such failure. 1012-4 INJUNCTION In the event of a violation or the threatened violation of any provision of this Ordinance, or any provision or condition of a permit issued pursuant to this Ordinance, the City, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violation or threatened violation. 1012.1 Lino Lakes Subdivision Ordinance Enforcement SECTION 1013: SEVERABILITY, SUPREMACY 1013-1 SEVERABILITY Every section, provision, or part of this Ordinance or any permit issued pursuant to this Ordinance is declared separable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this Ordinance or any permit issued pursuant to this Ordinance shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision, or part thereof. If any court of competent jurisdiction shall judge invalid the application of any provision of this Ordinance to a particular property, building, or structure, such judgment shall not affect other properties, buildings or structures. 1013-2 SUPREMACY When any condition imposed by a provision of this Ordinance on the use of land or building or on the bulk of buildings is either more restrictive or less restrictive than similar conditions imposed by any provision of any other City ordinance or regulation, the more restrictive conditions shall prevail. This Ordinance is not intended to abrogate any easements, restrictions, or covenants relating to the use of land within the City by private declaration or agreement, but where the provisions of this Ordinance are more restrictive than any such easement, restriction, or covenant, or the provision of any private agreement, the provisions of this Ordinance shall prevail. 1013.1 Lino Lakes Subdivision Ordinance Severability, Supremacy SECTION 1014: EFFECTIVE DATE Adopted by the Lino Lakes City Council this 24th day of February, 2003. The motion for the adoption of the foregoing ordinance was introduced by Council Member O'Donnell and was duly seconded by Council Member Reinert and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Reinert, Carlson, Dahl, Bergeson The following voted against same: none 6-eiteue John J.:rrgeson,"Mayor ATTEST: Ann Blair, City Clerk 1014.1 Lino Lakes Subdivision Ordinance Effective Date COUNCIL MINUTES FEBRUARY 24, 2003 APROVED 1 2 Councilmember Reinert asked if that would be legal. City Attorney Hawkins offered his opinion that 3 it would be. 4 5 City Planner Smyser noted at the beginning of the second sentence in Item g. language could be added 6 to say at 'City Council discretion'. He read the third sentence, adding he does not want to get into 7 this is what it will cost, who will pay and when. 8 9 Mayor Bergeson stated it would be similar to an environmental impact study, ordered by the City 10 Council and used to make a decision. Councilmember Reinert stated that based on the timeframe, the 11 Council could approve if they were assured improvements would be made in a timely manner. 12 13 Mayor Bergeson noted Councilmember Carlson had also suggested changes to Items d. and e., and he 14 confirmed there were no objections to those items. He added there was an addition of Item h., and the 15 City Attorney indicated that would be acceptable, again confirming there were no objections to this 16 addition. 17 18 City Planner Smyser read Item g., with the changes suggested. Councilmember O'Donnell indicated 19 when talking about cost sharing, it would be good to add 'and jurisdictions'. Councilmember Reinert 20 indicated it should probably say 'all properties', not `other properties'. City Planner Smyser stated he 21 would be worried about using `all', as two years from now everyone might not know and agree to 22 what that means like everyone does here today. Mayor Bergeson agreed, saying it could mean anyone 23 that wants to cross the road. 24 25 Councilmember O'Donnell moved to approve SECOND READING of Ordinance No. 04-03, 26 Adopting Subdivision Regulations. Councilmember Reinert seconded the motion. 27 28 Mayor Bergeson indicated they had only talked about one section of the ordinance, asking if there 29 were any comments on any other sections. 30 31 Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. Councilmember Carlson 32 voted yea. Councilmember Dahl voted yea. Mayor Bergeson voted yea. 33 34 Ordinance 04-03 can be found in the City Clerk's office. 35 36 City Planner Smyser indicated he would like to thank the task force, staff and the numerous boards 37 that reviewed and had input in this ordinance, stating a tremendous amount of work has gone into it 38 and they deserve credit for getting this done. 39 40 ii) Consideration of Resolution No. 03-26 Approving the Summary of the 41 Subdivision Ordinance for Publication 42 43 City Planner Smyser advised that it is required that the City publish all ordinances, however because 44 this ordinance is lengthy, it would be costly to publish it in the newspaper. He stated it is allowed by °ft-- 45 law for the City to publish a summary of an ordinance rather than the entire ordinance, however this 16