SECTION 12.01 PURPOSE

In order to safeguard the interests of the City of Sauk Rapids and to assist the subdivider, this Chapter is adopted. Because each new subdivision becomes a permanent unit in the structure of the expanding community, its design and arrangement is correlated to a Comprehensive Plan of the City. All subdivisions of land hereafter submitted for approval shall in all respects fully comply with the regulations hereinafter set forth in this Chapter and be consistent with the official map or other official controls and the Sauk Rapids Comprehensive Plan. Dedication of land for streets, drainage, parks and other public uses shall be consistent with the Comprehensive Plan. It is the intention of these regulations to promote the orderly annexation of land in areas within the extra-territorial jurisdiction of the City of Sauk Rapids. It is the purpose of this Chapter to make certain regulations and requirements for the platting of land pursuant to the authority contained in Minnesota Statutes, Chapters 429, 471, 515A, 515B and 505, which regulations the City Council deem necessary for the health, safety and general welfare of this Community. In addition, it is suggested that developers attempt to follow the "Plat Manual of Minimum Guidelines, MN Society of Professional Surveyors © 1987." The latest edition of said manual shall be on file at City Hall.

SECTION 12.02 JURISDICTION. The regulations herein governing plats and subdivisions of land shall apply within the corporate limits of the City and, pursuant to M.S. 462.358 and the Resolution adopted May 2, 1977, as expanded from time to time by annexation these regulations shall apply to unincorporated territory within two (2) miles of the then current City limits.

SECTION 12.03 DEFINITIONS

Subd. 1. For the purpose of this Chapter, certain words and terms are hereby defined as follows.

Alley is a public right-of-way which affords a secondary means of vehicular access to abutting property and which is not intended for general or public traffic circulation.

Bicycle Lane is a portion of a street or shoulder designed for exclusive or preferential use by persons using bicycles. Bicycle lanes are to be distinguished from the portion of the street or shoulder used for motor vehicle traffic by physical barrier, striping, marking, or other similar device.

Bicycle Route is a portion of a street or shoulder “signed” to encourage bicycle use.

Block is an area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river or lake.

City is the City of Sauk Rapids or its officials acting on behalf of the City Council.

City Administrator is the professional administrator employed by the City Council or the person designated by the City Administrator to administer this Chapter.

City Council is the elected governing body of the City of Sauk Rapids.

City Engineer or Consulting Engineer is a professional engineer as designated by the Council.

Comprehensive Plan or Official Plans are a compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the municipality and its environs and may include, but is not limited to, the following: land use, parks, storm water drainage, community facilities, transportation, utilities, and recommendations for Plan execution. The Comprehensive Plan represents the Planning Commission's recommendations and City Council policy for the future development of the community.

Condominium is a type of multi-family dwelling where each dwelling unit is owned by the occupant but the underlying land, hallways, entrance ways, etc., are jointly owned, as defined by Minnesota Statutes Chapter 515B.

Dedicated Way is a public right-of-way across a block or within a block to provide access, such as but not limited to, bike paths, walkways, etc.

Easement is a grant by a property owner for the use by others of his/her land for any purpose or purposes, including but not limited to, right-of-way, access, electric lines, telephone lines, water and sanitary sewer, storm sewer or storm drainage, gas and cable television lines.

Half Street (dedication) is a street having only one-half of its width dedicated for public use on a plat.

Improvements are pavement, curb and gutter, sidewalks, utilities, grading, street signing and lighting, planting and other items that improve the value of property.

Planned Unit Development (PUD) is a tract of land developed as a unit rather than as an individual development, wherein buildings may be located in relationship to each other rather than to lot lines or Zoning District boundaries.

Plat:

A. Preliminary Plat is the preliminary map or drawing indicating the proposed layout of the land subdivision to be submitted to the Planning Commission and City Council for consideration prior to submission of the plat in final form.

B. Final Plat means the drawing or map of a subdivision of land prepared for filing of record pursuant to Chapter 462, 505 , 515A or 515B Minnesota Statutes, and containing all elements and requirements set forth in this Chapter, also including all changes or modifications required by the City Council during preliminary plat review.

Protective Covenants are contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical, social and economic integrity of any given area.

Right-of-Way is land generally dedicated by plat, created by easement or occupied for use as a street, alley or dedicated way, public utilities, storm water systems and sidewalks.

Sidewalk means a concrete portion of a street right of way between the curb or the lateral edge of a street and the adjacent property lines, intended for the use of pedestrians.

Street is a public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway road, avenue, boulevard, lane, place or designated between right‑of‑way lines.

Street Types:

A.Collector distributes vehicles from the arterials through an area to neighborhoods and usually provides both mobility and access. (Examples: 8th Street North; Summit Avenue).

B.Cul-de-Sac is a street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

C.Frontage Roads are streets which are parallel and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.

D.Local Street serves to provide direct access to abutting properties with little or no mobility for thru trips.

E.Minor Arterial streets interconnect with and augment the principal arterial system and provide trips of moderate length intended to provide mobility with some access. (Examples: Benton Drive and 2nd Street North).

F.Principal Arterial is a street route between major centers of activity, contains the highest traffic volume corridors, and is intended to provide mobility rather than accessibility (Example: U.S. Highway 10).

Street Width is the distance between property lines measured at right angles to the centerline of the street.

Street - Rural Section will have a ditch rather than curb or gutter. Rural Section Streets can be Arterial or Collector Streets.

Street - Urban Section is distinguished by having curb and gutter. Urban Section Streets can be Arterial or Collector Streets.

Subdivider is any person who, having an interest in land, causes it to be divided.

Subdivision is the division or re-division of any land, vacant or improved, or a lot or tract of land, by plat or registered land survey. Where it is appropriate to the context, it also relates either to the process of platting, or to the land subdivided, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. Subdivision includes condominium creation or conversion. (See also 12.04 Minor Subdivisions)

Tangent is a straight line projected from the ends of two curves, which is perpendicular to a line in each curve drawn from the radii point to the end of the curve.

Trail means a facility constructed or developed separately from the street or shoulder, within the public right-of-way or parkland, or in a public easement within a residential, commercial, or industrial subdivision. Although trails are usually surfaced with bituminous, a trail network may include portions of concrete sidewalk and boardwalks in wetland areas. A trail may be on land or water, with protected status and public access for recreation or transportation.

U.S.G.S. Datum refers to the United States Geodetic Survey Datum.

Vertical Curve is the surface curvature on a street center line located between lines of different percentage of grade.

Wetlands are lands that are transitional between terrestrial and aquatic systems, where the water table is usually at or near the surface or the land is covered by shallow water. Wetlands are characterized by having a predominance of: hydric soils; a frequency of water saturated soil; and hydrophytic vegetation.

SECTION 12.04 MINOR SUBDIVISIONS.

Subd. 1. Allowed. Minor subdivisions may be permitted under the following conditions and procedures, by approval of the City Zoning Administrator, where failure to comply with the provisions of the Chapter 12 Subdivision Regulations will not interfere with or defeat the purpose of platting requirements. Lots created by or remaining as a result of a minor subdivision must conform to zoning regulations and lot requirements.

A. Taxes and Assessments. Current and delinquent taxes and special assessments shall be paid to the County Treasurer in accord with County regulations as a condition of the approval.

B. Prior Subdivision. The subdivider has not previously divided the tract or parcel, including contiguous lands then or previously owned, in such a manner that the requested subdivisions will result in a total of not more than four (4) lots or parcels, including those tracts or parcels previously subdivided by said owner.

C. The request cannot involve any new street, road, or the extension of municipal facilities.

D. The request cannot involve property within the City that is guided as Commercial, Industrial, or Multi-Family in the City’s Comprehensive Plan. Such property shall be platted prior to or in conjunction with any request for site plan approval or rezoning affecting the property.

E. Survey Required.

1. Submit three (3) copies of a survey for the area affected, one (1) of which shall be reproducible, to the City Administrator. The survey shall be by a Minnesota Registered Land Surveyor showing the original lot and the proposed division, along with those parcels bordering the area. A legal description shall be provided for the portion of the original lot to be conveyed, along with a legal description for the remaining portion of the original parcel.

2. When a Minor Subdivision of a platted lot is so clearly understood that a certified survey is not needed, the survey may be waived by the City Council. Note that this does not apply to metes and bounds tracts.

F. Application for Minor Subdivision. The survey shall be accompanied by an Application for Minor Subdivision along with the appropriate fee as established by the Sauk Rapids City Council. In addition, an updated abstract for the original parcel to be divided may be required.

G. Planning Commission Report. The City Zoning Administrator may request comments of the Planning Commission, and within sixty (60) days shall make a formal determination on the application. A public hearing may be scheduled if the City Zoning Administrator determines that public input is necessary. If scheduled, the hearing is to be preceded by ten (10) days published notice in the official newspaper for the City.

H. Resolution. Approval or disapproval by the City Zoning Administrator shall be in writing. The written decision shall state the findings that compliance with Chapter 12 Subdivision Regulations of the City of Sauk Rapids will create an unnecessary hardship and failure to comply does not interfere with the purpose of said regulations. A certified copy of the written decision and accompanying findings shall be sent by the city Clerk within (5) working days after its passage to the applicant.

I. If the application is approved, it shall be the responsibility of the applicant to file a certified copy of the written decision and accompanying findings with the Benton County Recorder as proof of acceptance by the City of Sauk Rapids of departure from the formal platting regulations. This will enable transfers of land to be recorded. All County and City fees shall be the responsibility of the applicant.

J. Any adverse decision may be appealed to the City council by submitting a written request to the City Zoning Administrator within (10) days of the next regularly scheduled City Council meeting. The written request must state the adverse decision and the reasons the applicant believes the decision was incorrectly made. The decision of the City Council shall be final.

SECTION 12.05 PROCEDURE FOR PRELIMINARY PLATS AND PLATTING.

Subd. 1. Platting Required for Certain Properties. No building permit shall be issued for the development or redevelopment of any property within the City for Commercial, Industrial or Multi-Family purposes on any property for which only a metes and bounds legal description exists. Such property shall be platted in accordance with this Chapter 12 prior to or in conjunction with any request for site plan approval on the property.

Subd. 2. Pre-application Meeting. Prior to the submission of an application for any preliminary plat, subdividers are required to meet with a committee appointed from time to time by the City Council to discuss concepts, problems, studies, sketches, and process for approval if any proposed preliminary plat. The comments, suggestions, and/or recommendations of the committee shall then be incorporated into the subdivider’s application. The pre-application meeting must take place before an application will be considered complete.

Subd. 3. Request by the Subdivider. The subdivider shall submit fifteen (15) copies of the proposed preliminary plat to the City Administrator along with the fee established by resolution of the City Council and request review of the plat by the Planning Commission at least fifteen (15) days prior to a Planning Commission meeting at which time consideration is requested. The City Administrator will submit one (1) copy to the City Engineer; and one (1) copy to each of the companies providing natural gas, electrical, telephone, and cable TV service. One (1) copy shall be submitted to the MNDOT District Engineer. If the plat will require a curb cut or access onto a county road, one (1) copy shall be submitted to the County Engineer. These officials shall have thirty (30) days to respond.

A. Application Fee. In addition to the above, an application will not be considered complete without the application fee required pursuant to the City’s fee schedule.

B. Applicant Liable for All Costs Associated With the Review and Approval of an Application. The applicant is liable for all costs related to the review and approval of the application, including but not limited to engineering and legal expenses. The applicant will be billed on a monthly basis (engineering costs incurred after the City orders the improvements may, in the City’s sole discretion, be assessed). The billing statement will provide as much detail as is practicable. All amounts billed are due and owing within 30 days of the billing date. All amounts outstanding after 30 days shall accrue interest at a rate of 8 % or prime plus 1%, whichever is greater. Prior to the City Council’s approval of the applicant’s preliminary plat, all costs due and owing must be paid.

C. Escrow. For all subdivision applications involving an improvement required by this Chapter the applicant must deliver to the City a letter of credit in a form acceptable to the City in the amount of $10,000 as security for the payment of costs referred to in Paragraph B of this Subdivision. By placing the letter of credit with the City, the applicant agrees to allow the City to draw upon it in satisfaction of the costs incurred in association with the applicant’s application that remain unpaid for more than 60 days. The applicant further agrees that, in the event the City does draw upon the letter of credit, to restore within 30 days the letter of credit to $10,000. The City Council shall not give preliminary plat approval if the applicant is in default of this Subdivision.

Subd. 4. Initial Review by the Planning Commission and Other Authorities.

A. The Planning Commission will advise the subdivider as to how the preliminary plat does or does not conform to the Comprehensive Plan or other official controls of the City and the requirements of this Chapter. Comments from other authorities will be considered by the Planning Commission in its recommendation to the Council.

B. In the event the plat involves special problems or is in conflict with the Comprehensive Plan or with planning studies being conducted by the Planning Commission, the Commission or City staff shall notify the owner or subdivider as to the time and place of the Planning Commission meeting, at which he will be afforded an opportunity to be heard.

Subd. 5. Recommendation by the Planning Commission, Public Hearing, and Approval by the Council.

A. The Planning Commission shall make a recommendation to the subdivider and the City Council concerning the plat.

B. The preliminary plat shall then be scheduled for a Public Hearing, with annexation and zoning if it is requested, by the City Council following publication of notice of the time and place thereof in the official newspaper, at least ten (10) days before the day of the hearing. All property owners within 350 feet of the proposed plat shall be notified by mail as to the time and place of said Public Hearing. At the hearing, all persons interested shall be given an opportunity to make presentations.

C. After the Public Hearing and upon receipt of the Planning Commission recommendation, the City Council shall act to accept or deny the plat. Approval or disapproval of the preliminary plat will be conveyed to the subdivider within one hundred twenty (120) days of acceptance of the plat for consideration. In case the plat is disapproved, the subdivider shall be notified of the reason for such action.

D. Council approval of the preliminary plat is deemed to be an authorization to proceed with the final plat. If a final plat covering at least a portion of the preliminary plat is not submitted within one (1) year, approval of the preliminary plat shall become null and void.

SECTION 12.06 PRELIMINARY PLAT REQUIREMENTS

Subd. 1. General Requirements and Design Standards.

A. The Planning Commission in its review of a preliminary plat will take into consideration the requirements of the community and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and widths of streets; storm water drainage or ponding, lot sizes and arrangements, as well as requirements for parks. Developers are encouraged to offer a variety of lot sizes rather than minimums.

B. The preliminary plat must cover all of the subdivider's contiguous land, but the final plat may cover only a portion of the preliminary plat, provided it is in conformance with an approved preliminary plat and other requirements herein.

C. Where the parcel is subdivided into outlots, such parcels shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent minor streets.

D. Unplatted strips or private streets controlling access to public ways are prohibited.

E. As part of the review process, the City Engineer may prepare an Engineering Study indicating the proposed design of required utilities and improvements, including drainage considerations. The cost for these studies shall become part of the assessable cost of improvements. Where a project is not completed, for whatever reason, the developer shall be responsible for these engineering costs.

Subd. 2. The following items must be shown on the Preliminary Plat.

A. The proposed name of a subdivision shall not:

1. Duplicate or too closely approximate the name of any existing plat recorded in Benton County.

2. Use the words "Replat" or "Rearrangement" in said name.

3. Use symbols or irregular marks; it must use standard numerals or characters only.

4. Underline.

5. Use hyphens, apostrophes or commas between two names.

6. Include the name of the City or Township adjacent to the plat name in which the proposed plat resides.

B. A legal description and location by Government Lot or Quarter-Quarter, and Section, Township and Range, or when applicable, by reference to any underlying recorded plat or Registered Land Survey.

C. The name and address of the fee owner, preliminary plat designer and surveyor (if different than above) with Minnesota Registration number, and date of preparation. When applicable, all resubmitted drawings shall post the date of revision and a statement as to the context of revision.

D. A graphic scale no smaller than one inch to one hundred feet (1"=100').

E. A north arrow, and a statement as to basis of the bearing or azimuth system.

F. A separate vicinity map of the area within a 2 mile radius of the plat showing all existing streets (not required to be drawn to scale).

G. A legend, describing systems symbols shown therein.

H. A boundary survey, including length and bearings/azimuths and distances on all exterior lines, and delta, length and radius on all exterior curved lines. In addition, all non-tangential curves shall show a radial or chord bearing/azimuth.

I. Total acreage of the plat computed to one hundredth of an acre (0.01 acres).

Subd. 3. Existing Conditions to be shown on the Preliminary Plat.

A. Existing Zoning Classifications of proposed subdivision and that of adjoining lands.

B. When applicable, existing lot and block arrangement of any underlying platted lands within proposed plat, including original name and any revised or vacated roadways. Said lines and labeling shall be stippled or dotted in appearance. Also, plat names, street names and lot lines of adjoining subdivisions to within 100' shall be shown. Where adjacent land is not platted, then so state.

C. Section lines, quarter-quarter section lines, corporate boundary lines, and existing easement lines within the proposed tract and to a distance of 100' beyond.

D. Location of existing railroads within 200' thereof, including ownership and right-of-way widths.

E. Location of existing parks or public ground, including storm water detention ponds, within tract and to a distance of 100' beyond.

F. Location of existing electrical and telephone transmission lines (aerial and underground) within tract and to a distance of 100' beyond.

G. Location of existing watermains, valves, and hydrants, including pipe sizes, within tract and to 100' beyond or to nearest connection.

H. Location of existing sanitary sewer pipes and manholes within tract and to a distance of 100' beyond or to nearest connection, including:

1. Manhole invert elevations

2. Pipe sizes

3. Vertical grade(s)

I. Location of existing storm sewer pipes, manholes, catch basins and culverts within tract and to a distance of 100' beyond or to nearest connection, including:

1. Catch basin and manhole invert elevations

2. Pipe sizes

J. Location and names of existing streets within tract and to a distance of 100' beyond, including:

1. Right-of-way width

2. Street surfacing width

K. Contours at 2 foot intervals or less, based upon U.S.G.S. vertical datum within tract and to a distance of 50' beyond.

L. Location and description of existing watercourses, marshes and wetlands, rock outcrops, edge of woods, drainage ditches, quarries, gravel pits, or other significant natural or manmade features.

M. Existing ordinary high water elevation of lakes, rivers or significant streams within tract and to a distance of 200' beyond, and date thereof.

N. Location and description of existing, permanent buildings or other permanent structures and improvements within tract and to a distance of 100' beyond.

O. Copy of restrictive covenants of adjoining parcels, if any.

P. Copy of "NOTICE OF ENCROACHMENT" to land owners with structures encroaching upon proposed subdivision or adjoining properties, if applicable.

Subd. 4. Proposed Features to be shown on the Preliminary Plat.

A. Copy of proposed protective covenants, if any.

B. Proposed street, avenue, alley and pedestrian way locations, right-of-way widths, and proposed numbers. The sequence of numbering shall be consistent with the pattern established in the area by the City. When used, names shall be preceded by numbers unless approved otherwise by the City.

C. Proposed lot, outlot, public grounds or parks layout and dimensions scaled to nearest foot.

D. Proposed lot and block numbering and outlot lettering.

E. Proposed horizontal centerline data, including delta, length, tangent and radius for all curves and distances on all tangent sections (approximate only).

F. Proposed location and dimensions of drainage and utility easements.

Subd. 5. Minimum Street Design Standards.

A. The arrangement, character, extent, width and location of streets shall conform to the Comprehensive Plan and all applicable codes, and shall provide for the continuation of existing and planned streets. Street design shall accommodate reasonable circulation of traffic, topographical conditions, runoff of storm water, public convenience and safety in their appropriate relation to the proposed uses of the area to be served.

B. Minimum Horizontal Design Parameters:

Right of Way Centerline Tangent Centerline

Width in Feet Reverse Curve in Feet Radius in Feet

Principal Arterial * * *

Minor Arterial * * *

Collector 80 100 375

Local 60 50 200

Access/Service 36 50 75

Alley (Commercial &

Industrial Only) 24 50 75

Cul-de-sac 100 diameter

*Special design - by City Engineer

C. Vertical design parameters shall be determined by City Engineer.

D. Street jogs with center line off‑sets shall not be less than one hundred and twenty‑five feet (125').

E. Local streets shall be so aligned or regulated that their use by through traffic will be discouraged.

F. Cul de sac streets designed to be permanent, shall not be longer than five hundred feet (500') measured along the center line from the intersection or origin to end of right-of-way. The intent being to reduce traffic volume and congestion at any intersection and to provide secondary or emergency ingress and egress to subdivisions at regular intervals.

G. Street intersections in so far as practicable shall be at right angles but not less than 75 degrees.

H. Alleys shall be allowed only in industrial/commercial subdivisions.

Subd. 6. Easements.

A. Drainage and utility easements at least ten feet (10') wide on front lot lines, except on cul de sacs where they shall be fifteen feet (15') wide, and at least five feet (5') wide on side and rear lines, shall be provided. They shall have continuity of alignment from block to block and at deflection points. Except where the engineering study concludes otherwise, all side and rear yard easements shall be for drainage purposes only. For purposes of this Section, the term drainage shall include all above and below ground structures, including pipes, manholes, catch basins and culverts, as well as surface grading. Easements for pole line anchors may be required in Industrial/Commercial areas where aerial utilities still exist.

B. Where a subdivision is traversed by a water course, drainageway, channel, or stream, a drainage or storm water easement shall be provided conforming substantially with the lines of such water courses.

Subd. 7. Block Standards.

A. The maximum length of blocks shall be eighteen hundred feet (1800'). Blocks over three hundred feet (300') long may require dedicated pedestrian ways at least ten feet (10') wide. The use of additional pedestrian access ways to schools, parks and other destinations may be required.

B. Blocks or lots intended for commercial and industrial use must show adequate off street areas to provide for parking, loading and such other facilities as per Chapter 10 Zoning Regulation requirements.

Subd. 8. Sidewalks/Trails/Boulevards

A. Improvements along Urban Collector and Urban Arterial Streets. The following improvements shall be installed at the time new urban collector and arterial streets are constructed and as existing urban arterial and collector streets are reconstructed.

1. Minimum 5 foot wide bicycle routes or lanes, as determined by the City, on both sides of collector and arterial roads;

2. Minimum 5 foot wide sidewalk and, unless absolutely impossible to accomplish, minimum 6 foot wide boulevards which shall be landscaped to provide for visibility and snow storage on both sides of collector and arterial roads.

B. Improvements along Rural Collector and Rural Arterial Streets. The following improvements shall be installed at the time rural collector and arterial streets are constructed or reconstructed.

1. Minimum 5' wide bicycle routes or lanes, as determined by the City, on both sides of the street;

2. Minimum 5' wide sidewalk or minimum 8' to 12' wide trails.

C. Reconstruction of Streets. When local streets are reconstructed, consideration shall be given to the construction/installation of pedestrian and bicycle facilities, as shown on the designated plan attached as Appendix A, and especially in locations where there are missing links in these systems.

D. Sidewalk / Trail Network. A system of 5' wide sidewalks and/or 8' to 12' wide trails shall be planned (see Appendix A) and constructed in all City growth areas east of U.S. Highway 10 to connect all new subdivisions. In addition, such a sidewalk/trail network shall connect new subdivisions with existing subdivisions west of U.S. Highway 10, including reconstructed urban streets that are identified in Appendix A within the existing subdivisions west of Highway 10. Said sidewalk/trails network may be adjacent to collector and arterial streets, or alongside local streets within a residential, commercial or industrial development, or a combination thereof.

Said sidewalk/trail network will be planned by the Sidewalk/Trail Committee, and approved by the Advisory Park Board and the Planning Commission before they are recommended to the City Council. The Sidewalk /Trail Committee shall consist of representatives of the City Council, Advisory Park Board, Planning Commission, City Staff and other appropriate citizens. The Committee shall meet at least annually to review and update the City=s Sidewalk, Trail and Boulevard Plan (Appendix A).

The cost of sidewalks/trails installed by the City may be special assessed back to the areas that will benefit, including residential, commercial and industrial lands, when platted and developed.

E. Interior Street Sidewalks. Sidewalks on all interior streets of new subdivisions shall be installed on at least one side of permanently constructed roads when new residential, commercial, or industrial subdivisions are developed, except cul-de-sac streets less than 500 feet in length. The sidewalks shall be a part of a system which connects to other sidewalks, trails, or major activity areas. The cost of the sidewalks will be assessed to lots within the subdivision.

F. Boulevards. When sidewalks are constructed, boulevards shall be sodded or planted with landscape type vegetation or other ground cover (e.g. grass, sod, clover) that is water permeable as approved by the City. Ornamental rock and similar surfaces are strictly prohibited to avoid displacement of materials on road and sidewalk areas and to preserve water percolation opportunities. The City may require that trees be planted on boulevards where utilities will not be adversely affected, in conjunction with Development Agreements in new subdivisions.

G. Construction of Lesser Improvements. When the City determines it is not feasible or advisable to require these improvements, the City may require the construction or installation of lesser facilities, after a recommendation by the Planning Commission, which promote convenient pedestrian and bicycle transportation routes. Examples of circumstances which may make such improvements unfeasible or unadvisable include: Topographical features, structures such as a major retaining wall or buildings.

H. Variances. When a developer or a property owner believes that the installation of these improvements is not feasible or advisable, he or she may request a variance, following the established standards and procedures set forth in City Code Section 10.15 Subd. 4 and Subd. 5; City Code Section 12.16, Subdivision 1; City Code Section 12.18, Subdivision 1; City Code Section 12.19 and City Code Section 12.20.

Subd. 9. Lot Standards. Minimum lot size and dimensions shall be those required by Chapter 10, Zoning Regulations.

Subd. 10. Park Land Dedication.

A. Purpose and Intent: Minnesota Statute 462.358 provides cities with the authority to require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space. Chapter 462 also provides cities with the authority to choose to accept an equivalent amount in cash from the applicant for all or part of the portion of the property required to be dedicated to such public uses or purposes. The City has determined that new development increases the demand for and use of park property in the City. The City has also determined that the demands on City parks and need for additional park space increases as the density of development increases. As a general principle, larger lots and lower density provide for greater use of private property and place less demands on the City’s parks. The City’s purpose in this Ordinance is to provide a park land dedication system for new development which provides for a larger dedication where density is higher and open spaces are more sporadic. In addition, it is the City’s intent to provide that the amount of park land required to be dedicated by this Ordinance be “roughly proportional” to the impact on the demand for park use in the City as a result of the new development. For residential development where the impact is based more upon the number of people in the new development, rather than set a standard percentage of the total development to be dedicated, the City intends on providing a system generally based upon the number of lots and potential units in a development; however, the City desires to retain the ability to make individualized determinations to ensure that required dedications are related in both nature and extent to the impact of the proposed development on the demand for such property in the City. For commercial and industrial developments, since the impact is primarily based upon the loss of open and green space, and the loss of natural areas the City will use a standard percentage as its starting point in establishing a dedication; however, as with residential developments, the City will review each individual project to ensure that the proposed dedication is roughly proportional to the impacts of that development.

B. Dedication Required. In every plat, re-plat, or subdivision (including minor subdivisions) of land allowing for development for residential purposes and in every rezoning a reasonable portion of the property shall be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space as determined by resolution of the City Council. The City Council will initially examine each plat, re-plat, subdivision or rezoning in terms of the following formula which will then be adjusted if the unique characteristics and uses of the land dictate such adjustment.

1,350 square feet per single family residential lot

700 square feet per unit possible for multiple family developments

5% of land area for commercial and industrial lots (not including streets or other public dedications)

C. Individual Analysis of Development. The above formula will serve as the starting point for the Planning Commission, Advisory Park Board and the City Council in determining the amount of property required to be dedicated by each individual applicant. The City Council will, if requested by the applicant, or may upon a recommendation of either the Advisory Park Board or Planning Commission, complete an analysis of the dedication requirements as they pertain to an individual development, and the City may increase or decrease the amount of the property required to be dedicated or set aside based upon such analysis. Any reasonable expenses incurred by the City, whether as a result of the request of the applicant or the City’s own initiative, in studying the proposed development’s impact on the City’s parks and open space will be passed through as an expense of the development to the applicant.

The expenses to be passed through to the applicant will only be those associated with the affects of the applicant’s proposed project and not costs arising from the study of other development within the City.

D. Council Decision as to Dedication Type. The City Council will, after reviewing the recommendation of the Planning Commission and Advisory Park Board, decide the form of the dedication, the location, and the type of use, whether for conservation purposes or for public use as parks, recreation facilities, playgrounds, trails, wetlands, or open space. The land to be dedicated or set aside shall be suitable for public uses as parks, playgrounds or such other purposes as determined by the City Council, and the City will not be required to accept property which is not usable for such purposes as determined by the City or which would require significant expenditures to make them usable for such purposes. The City Council may take into consideration, size, shape, topography, hydrology, geology, tree cover, access and location, among other factors, when determining whether property is acceptable for dedication. It is the intent of the City that park land or set aside land not be selected based solely on its non-usability to the applicant because of wetland classification or other impediments to development.

E. Cash in Lieu of property. (a) The City Council may, after reviewing the recommendation of the Planning Commission and Advisory Park Board, require that the applicant provide for a cash payment in lieu of property dedication. The City Council, in making this decision, may take the following factors into consideration: (1) whether the land to be dedicated is of sufficient size to provide adequate park facilities; (2) whether the land to be dedicated is needed in the immediate location; (3) whether pre-existing facilities would be better served with additional improvements; (4) whether the cash payment would be more beneficial to the overall park system which will be impacted by development; (5) maintenance considerations; (6) suitability of the land for the intended use; and/or (7) the location of the property.

(b) The City Council may decide to accept all or a portion of the property required to be dedicated. If the City decides to accept only a portion of the property required to be dedicated the applicant will be required to make a cash payment in lieu of dedication for the amount of land not accepted for dedication by the City.

F. Credit for Private Open Space. Where a private open space for park or recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, the City Council will give consideration to allowing partial credit for such space toward the dedication required by this Section. All of the following minimum factors will be required to be satisfied before such credit will be considered:

(1) The land area must be available for the use, without preference, of all of the residents of the proposed subdivision;

(2) The required setbacks must not be included in the computation of such land area;

(3) The use of the private open space must be restricted for park and recreational purposes by recorded covenants or declarations which run with the land in favor of the owners of the property within the subdivision and cannot be eliminated without the prior approval of the City Council after review and recommendation by the Park Board;

(4) The proposed private open space must be of sufficient size, shape, location, and topography for park and recreational purposes or must contain unique natural features that are important to be preserved; and

(c) If the City elects to receive a cash payment in lieu of property dedication, the applicant must pay the City the amount as determined by resolution of the City. The amount will be based upon the fair market value of the property which would otherwise be required to be dedicated or set aside. The fair market value of the land is defined as that amount which a willing buyer would pay and a willing seller would accept for the property as of the date of the final approval of the plat. A determination of the fair market value of the property shall be initially made by the City Assessor who shall make a recommendation to the City Council for final determination. The City Council will, by resolution, set annual base values for vacant property in the City from which the City would make adjustments for individual developments depending on the unique characteristics of the property.

(d) Cash payments made to the City in lieu of dedication or set aside shall be placed in a special fund and used, throughout the City, only for the purposes for which the money was obtained.

G. Re-platted and Later Development at a Higher Density. Where formerly platted property is either re-platted or developed at a higher density than was anticipated by the City at the time of the original platting, the developer will provide the additional dedication amount at the time of the re-plat or site plan approval, and the value of the land shall be determined as of the final approval of the re-plat or site plan less the value of improvements. Such developer shall receive a credit in the amount of the pre-existing dedication or cash received by the City for such property.

H. In Addition to Other Dedication Requirements. The dedications required by this Section are in addition to, and not in lieu of, dedications required for public use as streets, roads, sewers, electric, gas and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements.

(5) The proposed open space must reduce the demand for public recreational facilities to serve the development.

I. Payment. If cash in lieu of dedication is called for by the City, the applicant may either pay such amount upon final approval of the plat or subdivision, or may sign an agreement and waiver providing for such amount to become part of the total assessments levied against the property platted or subdivided and be paid in accord with the terms of such assessment as determined by resolution of the City Council and in accord with Minnesota Statutes Chapter 429.

J. Dedication not used in Calculating Density. Land dedicated or set aside for public use or private land accepted by the City as an alternative to public dedication or set aside will not be used in calculating density for requirements of the City’s Zoning Ordinance.

Subd. 11. Storm Drainage Area Dedication Required.

A. In every plat, re-plat, or subdivision of land whether for residential, commercial, or industrial purposes, a reasonable portion of the property platted or subdivided shall be dedicated to the public or preserved for public use for storm water drainage improvements, storm water holding areas and ponds, and other similar improvements. The portion and location of the property to be so dedicated or preserved for public use shall be determined by the City Council prior to the final approval of any plat, re-plat or subdivision of land. Developers shall not be compensated for land so dedicated or preserved for such public use where the dedication is roughly proportional to the impacts created by said development.

B. If the City requires a developer to dedicate or preserve for such public use more property than is roughly proportional to the impacts created by the development, the City will compensate the developer for said additional property. The amount of compensation shall be based upon the fair market value of the property, which is defined as that which a willing buyer would pay and a willing seller would accept for the property as of the date of the application for subdivision. A determination of the fair market value shall be made by the City Assessor in the same manner as the Assessor determines the fair market value of the land for tax purposes.

C. This storm drainage area dedication applies to all subdivisions and plats which have not obtained preliminary plat approval as of May 6, 1997.

SECTION 12.07 FINAL PLAT REQUIREMENTS.

Subd. 1. Documents Required.

A. The owner or subdivider shall file with the City Administrator twenty-five (25) copies of the final plat not later than twelve (12) months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested in writing by the subdivider and granted by the City Council. The owner or subdivider shall submit at this time an up to date certified abstract of title or registered property report or such evidence as the City may require showing title or control of the property.

B. The final plat will have incorporated all changes or modifications required in the preliminary plat review. It may constitute only a portion of the approved preliminary plat

C. The final plat shall be prepared by a Minnesota Registered Land Surveyor.

D. The City Administrator shall keep fifteen (15) copies of the final plat and shall refer a copy to each member of the Planning Commission and one (1) copy to the City Engineer for comment. The abstract of title or registered property report shall be referred to the City Attorney for his examination and report. The City Attorney and City Engineer shall submit their reports to the City Administrator within fifteen (15) days.

E. The City Administrator shall refer the final plat and any reports to the City Council by placing the matter upon the agenda of a City Council meeting.

Subd. 2. Council Action.

A. The Council shall act on the final plat within sixty (60) days from the date of the Council meeting and failure to do so shall constitute approval of the plat.

B. If the final plat is approved by resolution of the City Council, and duly certified, signed and acknowledged by City officials, the subdivider shall record it with the County Recorder or Registrar of Titles within sixty (60) days after the date of approval; otherwise, the approval of the final plat shall be considered void.

C. The subdivider shall, within ten (10) days of recording, furnish the City Administrator with one full sized mylar copy of the final plat, showing evidence of the recording and one reduced mylar copy.

SECTION 12.08 DATA REQUIRED FOR FINAL PLAT.

Subd. 1. State Statute. The final plat shall conform to the requirements of Minnesota Statutes Annotated 505 (and 515A and 515B when applicable).

Subd. 2. Technical Requirements.

A. The name of the plat shall be identical to the name recited in the dedication clause, and said name shall be in capital letters (see preliminary plat). Do not include the name of the City adjacent to the proposed plat.

B. A legend or description of monument symbols and statement indicating that all monuments required by said statutes have been found or set.

C. A tie by distance and angle (or bearings) to Public Land System Section lines (with or without ties to section subdivision lines), with a description as to the type of Public Land System monuments found or set by the surveyor indicated on the face of the plat.

D. All lettering on said plat shall be 80 Leroy guide or larger (.08").

E. A graphic scale not less than 1"=100'.

F. A north arrow and a statement as to the basis of the bearing or azimuth system.

G. Streets and roadways to be numbered and indicated upon face of plat as approved during preliminary plat review.

H. Federal, State, County or other official bench marks, monuments, or triangulation stations shall be preserved in their original position and recorded upon face of plat. Where construction may require the disturbance of said official markers, the developer shall be held responsible for contacting appropriate agencies to permit removal and replacement; also, all survey costs associated with such replacement shall be borne by developer.

I. Lots are to be numbered in numerical order; tracts containing more than one (1) block are also to be numbered in numerical order.

J. Outlines of dedicated ways of any area to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision shall be shown with the purposes indicated therein.

K. In case of a rearrangement or re-plat, the underlying original plat shall be shown dotted or stippled.

L. Judicial and County ditches are to be shown by dimensions and angles as determined from the records on file in the County or as surveyed.

M. All easements for utilities or drainage shall be clearly labeled and dimensioned.

N. The plat names and lot lines of adjoining subdivisions shall be shown dotted to a distance of 100 feet, minimum beyond the proposed plat boundary. Dimensions of such adjoining plats need not be shown, but the lot, block and street arrangement must be shown. Where adjacent land is not platted, it shall be so indicated.

Subd. 3. Certification.

A. Notarized certification by a Minnesota Registered Land Surveyor, to the effect that the plat represents a survey made by him, and that monuments and markers shown therein exist and that all dimensional and geodetic details are correct.

B. Notarized certification by owners, and mortgage holders of record, of the adoption of the plat and the dedication of streets and other public areas.

C. Certification showing that all taxes and special assessments due on the property have been paid in full.

D. Form of approval by the Council as follows:

Approval by the City Council of Sauk Rapids, Minnesota,

this _____ day of _______________________, 20__.

Signed: ___________________________________

Mayor

Attest:____________________________________

Clerk

E. Form of approval by County authorities as required by their standards.

SECTION 12.09 REQUEST FOR IMPROVEMENTS

Subd. 1. Construction Restrictions. When a final plat is approved by the Council, the owner or subdivider of the land covered by the plat shall execute and submit to the Council an agreement, which shall be binding on his or their heirs, personal representative and assigns, that he will cause no private construction to be made on said plat until the plat is filed with the County Recorder.

Subd. 2. Escrow or Assessment.

A. Said agreement shall provide that all of the required improvements will be made in accordance with guidelines established by the City and shall include adequate provisions (in the form of escrow deposits or a petition for improvements to be assessed) to insure that all improvements constructed by the subdivider will comply with such guidelines.

B. In all instruments of sale or conveyance given before all improvements have been made, the purchaser shall agree to such improvements, and the assessment of their cost.

SECTION 12.10 REQUIRED IMPROVEMENTS

Subd. 1. Street Grading. The total costs for the preparation and surfacing of new streets and alleyway improvements, excluding repairs and general maintenance, shall be borne by the developer, or in the alternative, assessed to the owners of abutting properties within the affected subdivision. The cost shall include those incurred in opening the street, base preparation, installation of curb and gutter, and surfacing. The standards for street construction shall be those approved by the Sauk Rapids City Council, by and through the City Engineer.

Subd. 2. Sewers.

A. Sanitary sewers shall be installed to serve all lots in the subdivision.

B. Storm sewers shall be constructed to serve all lots within the subdivision and are to be connected to the municipal storm sewer system or to approved holding ponds.

C. If a petition is approved for installation of storm and sanitary sewers, the City Council shall contract such work and the cost shall be assessed against all lots in the subdivision over a period of time.

Subd. 3. Water Supply.

A. Water distribution facilities, including fire hydrants, shall be installed to serve all properties within the subdivision.

B. If a petition is approved for installation of water mains, the City Council shall contract such work and the cost shall be assessed against all lots in the subdivision over a period of time.

Subd. 4. Street Improvements.

A. Petitions for pavement, curb and gutter for all streets in the subdivision may be filed. If these improvements are to be installed by the owner or subdivider, a cash deposit or bond covering the cost, as estimated by the City Engineer, shall be made.

B. Sidewalks shall be required in industrial and commercial zones, apartment zones, or other areas in order to safely accommodate pedestrian movements.

Subd. 5. Forestation, Residential.

A. Existing Forest or Woodlands.

1. Builders, developers and lot owners shall attempt to minimize removal of natural trees unless the majority of existing forestation consists of undesirable species (see list below).

2. Species Preference:

(a) Preferred: deciduous variations such as maple, white oak, basswood, linden, ash.

(b) Less preferred: evergreens, such as pine, fir or spruce.

(c)Undesirable: elms, oak, birch or other species susceptible to disease.

*Contact City Forester for assistance.

B. Barren Land Developments.

1. Barren lots shall be planted with at least one (1) preferred tree (see above) per 2500 square feet of gross lot area.

2. Minimum size of each tree shall be 2" diameter at breast height or 5' above ground.

Subd. 6. Private Utilities. All electrical distribution systems, telephone transmission systems and cable television systems serving subdivisions which are platted pursuant to the provisions of this Chapter shall be installed underground unless the City Council, by resolution, determines that based upon engineering considerations, underground installation of such facilities is not feasible in a particular plat or portion thereof.

Subd. 7. Development Agreements Required. Anyone petitioning the City for improvements, as provided in Minnesota Statutes Chapter 429, must enter into a development agreement with the City. All development agreements will set out the terms and conditions of the City’s approval of the installation of the improvements, and all development agreements will require that the Petitioner agree to pay all project costs directly attributable to the Petitioner’s property together with such special assessments as are required by City policies.

SECTION 12.11 VARIANCES FROM SUBDIVISION ORDINANCE

Subd. 1. General Conditions. The Planning Commission may recommend a variance from the provisions of this Chapter when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its finding, as required hereinbelow, the Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the Commission finds:

A. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of his or her land.

B. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

C. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the vicinity in which said property is situated.

Subd. 2. Planned Unit Development (PUD). The Commission may recommend a variance from these regulations in the case of a Planned Unit Development pursuant to Chapter 10 of the City Code (Zoning Ordinance) for a complete community or neighborhood which, in the judgment of the Planning Commission, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs. In making its findings, as required hereinbelow, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision on traffic conditions in the vicinity. No variance in the case of a PUD shall be recommended unless the Commission finds:

A. That the proposed project will constitute a desirable and stable community development.

B. That the proposed PUD will be in harmony with adjacent areas.

C. That the proposed variance is granted as a part of a PUD zoning approval.

Subd. 3. Application Required. Applications for any variance shall be submitted in writing by the subdivider at the time when the preliminary plat is presented for consideration to the Planning Commission, stating all facts and supplemented with maps, plans or other additional data which may aid the Planning Commission in the analysis of the proposed project.

Subd. 4. Variance Procedure and Appeals. The procedure and appeal process contained in Chapter 10 will be used for the consideration of any variance to the requirements of Chapter 12.

SECTION 12.12 VIOLATION AND PENALTY. Any one violating any of the provisions of this Chapter shall be guilty of a penal offense. Each month during which compliance is delayed shall constitute a separate offense.

CHAPTER 12 INDEX