CITY OF COON RAPIDS, MINNESOTA
CHAPTER 11-2200
SUBDIVISION REGULATIONS

11-2201 Intent. Each new subdivision becomes a permanent unit in the physical structure of the City. Few activities have a more lasting effect upon the City's appearance and environment than its land subdivisions. Piecemeal planning of subdivisions, without correlation to the City's Goals and Policies and with its Future Land Use and Thoroughfare Plan, can result in a disconnected patchwork of plats and poor traffic circulation. This Chapter is hereby promulgated in order to guide the design of new subdivisions and to ensure that new subdivisions will contribute toward an attractive, safe, orderly, stable, and wholesome community environment, including adequate municipal services and safe streets.

11-2202 Compliance.

(1) The owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall not transfer ownership of such parcel before a plat of said subdivision has been approved by the City Council and has been filed with the Register of Deeds of Anoka County, Minnesota.
(2) The owner, or agent of the owner, of any parcel of land shall not divide any lot or parcel of land by the use of metes and bounds for the purpose of sale, transfer, or lease with the intent of evading the provisions of this chapter. All such described divisions shall be subject to all the requirements herein.
(3) No building permit shall be issued for the construction or expansion of any structure located on a lot or plat subdivided or sold in violation of the regulations of this Chapter.
(4) No plat shall be filed with the Register of Deeds which does not bear the signatures of the Chairman of the Planning Commission, the Mayor, and the City Clerk.
(5) The previous provisions shall not apply to a conveyance of land that was a separate parcel of land of record on March 7, 1962, or subject to a written agreement to convey entered into prior to such date, or a separate parcel of not less than two and one-half (2-1/2) acres in area and 150 feet in width on January 1, 1966, or is a single parcel of land of not less than five (5) acres and having a width of not less than 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 300 feet in width. 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 City 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 subdivision shall forfeit and pay to the City a penalty of not less than $100 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 or competent jurisdiction.

11-2203 Variances.

(1) The City Council may grant a variance to the subdivision regulations when compliance would create an unusual hardship to the development of the land. Prior to recommending a variance, the City Planning Commission shall hold a public hearing and make a recommendation to the City Council on the proposed variance. Not less than ten (10), nor more than 20 days before the public hearing, the Chairman of the Planning Commission shall cause a notice of the public hearing to be published in the official newspaper of the City. The notice shall indicate the variance being requested, legal description of property, and the common name designation of its location. The notice shall state the time, place, and purpose of the hearing and that such hearing will be held before the Planning Commission. The Chairman of the Planning Commission shall cause a notice of such hearing to be mailed to the applicant and to property owners who are situated wholly or partly within 350 feet of the subject property, at least ten (10) days prior to the hearing.
(2) Recommendation to the City Council. Within 30 days after the public hearing, the Planning Commission shall make its recommendation in writing to the City Council. As part of such recommendation, the Planning Commission may suggest any conditions deemed advisable. Such recommendation shall give consideration to the health, safety, order, convenience, general welfare, effect on present and potential land uses, and whether or not the proposal is in conformance with the City’s Future Land Use Plan and its Goals and Policies.
(3) City Council Action. The City Council shall make a final determination on the application within 60 days after receipt of written recommendation from the Planning Commission. Any variance from the terms of the Subdivision Regulations shall be adopted by a vote of at least two-thirds (2/3) of all members of the City Council. The City Council shall not grant a variance to these regulations unless it shall find that all of the following are met:

(a) The intent of this Chapter is met;
(b) The granting of the variance will not be detrimental to the public safety, health or welfare, or injurious to other property or improvements in the neighborhood in which the property is located.
(c) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are generally not applicable to other property;
(d) The literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district;
(e) The special conditions and circumstances do not result from the actions of the applicant; and
(f) Because of the particular natural surroundings, shape, or topographical conditions of the specific property involved, unusual hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out.

(4) Conditions of Variance. The City Council may require conditions for approving a variance that will substantially achieve the intent and requirements of these regulations. Violations of such conditions shall be deemed a violation of this Chapter.
(5) Procedure for a Variance. A petition for any such variance shall be submitted in writing by the subdivider at the time the subdivision is filed with the Director of Community Development. The petition shall state fully the grounds for application and all pertinent facts.

11-2204 Planned Unit Developments. The requirements of this Chapter may be modified or excepted in the case of planned unit developments pursuant to Chapter 11-1700  [Revised 6/1/04, Ordinance 1841] [Revised 01/16/07, Ordinance 1940]

11-2205 Alternative Construction Methods, Design Standards, and Required Improvements. Within a subdivision or planned unit development, alternative construction methods, design standards, and required improvements may be recommended by the Planning Commission and approved by the City Council if such methods, improvements, and design features are proven to meet the intent of the regulations in this Chapter or are required due to the physical features or the state of development of the property and its surrounding area.

11-2206 Preliminary Plats. Every proposed subdivision, excluding lot splits, shall be submitted in the form of a preliminary plat, to the Director of Community Development who shall transmit it to the Planning Commission for consideration. The preliminary plat is not intended to be a final plat. The purpose of a preliminary plat is to graphically show all of the facts needed to determine whether the proposed plat meets the requirements of this Chapter. The preliminary plat shall be prepared by a qualified professional. Inaccurate or insufficient information supplied by the applicant may be cause for disapproval of a preliminary plat.

11-2207 Filing a Preliminary Plat. The developer shall use the following procedure for approval of a subdivision unless waived in writing by the Director of Community Development.

(1) The subdivider shall, at least three (3) weeks prior to the appropriate Planning Commission meeting, submit seven (7) prints of the proposed preliminary plat to the Director of Community Development with an application for approval.
(2) The preliminary plat shall be superimposed on a contour map compiled to National Map accuracy standards with a contour interval not greater than two (2) feet. The boundaries of the land being subdivided shall be correctly delineated on the contour map. The preliminary plat shall be prepared at a scale which will clearly show the information listed on the application form. The contour map shall be purchased from the City, if available.
(3) The preliminary plat shall include a grading plan for all buildable lots and preliminary plans for sewer, water, and storm sewer installation and a tree planting plan showing the location and type of each tree to be planted.
(4) If a proposed residential subdivision abuts an arterial or collector street, a landscape plan shall be submitted.

11-2208 Review and Recommendations. The preliminary plat shall be reviewed by the Planning Commission to determine its conformity to all regulations which affect subdivisions. Copies of the preliminary plat shall be transmitted by the Director of Community Development to the Director of Public Works, City Engineer, Park and Recreation Director, and other appropriate officials for their recommendations concerning matters within their jurisdiction. Remaining copies shall be placed on public file in the Planning Department. All recommendations on plats shall be transmitted to the Director of Community Development at least three (3) days before the meeting of the Planning Commission at which the plat will be considered.

11-2209 Disposition of a Preliminary Plat by the Planning Commission.

(1) Within 60 days after the preliminary plat is filed, the Planning Commission shall conduct a public hearing on the proposed plat at which interested persons shall be given an opportunity to be heard. The public hearing shall be held after notice of the time and place thereof has been published once in the official newspaper at least ten (10) days before the date of the hearing.
(2) Within 60 days after the public hearing, the Planning Commission shall recommend:

(a) Approval of the plan,
(b) Disapproval of the plan, or
(c) Approval of the plan with specified modifications.

The plan shall then be transmitted to the City Council.

11-2210 Disposition of a Preliminary Plat by the City Council. The City Council shall take action on the preliminary plat within 120 days of the date on which such plan was filed with the Director of Community Development. If the recommendation from the Planning Commission has not been received by the City Council within the 120-day period, the Council may act without such recommendation. The City Council may require such revisions in the preliminary plat as it deems necessary for the health, safety, and general welfare of the City. Approval of a preliminary plat shall not constitute approval of a final plat.

11-2211 Effect of Preliminary Approval. Approval of the preliminary plat by the City Council shall give the applicant the following rights for a 12-month period from the date of approval:

(1) That the general terms and conditions under which the approval was granted will not be changed by the City.
(2) That the applicant may submit on or before such expiration date, the whole or any part of the approved plat for final approval.
(3) The City Council may extend the time period of preliminary approval, upon written application by the developer and for good cause shown. Such extension shall not exceed a 12-month period.

11-2212 Final Plat. After approval of the preliminary plat, the subdivider may, within 12 months, submit to the Director of Community Development the final plat of subdivision incorporating all modifications required on the preliminary plat. The final plat may constitute the entire land area covered by the preliminary plat or only that portion which the subdivider proposes to record and develop within the succeeding year, provided that the public improvements to be constructed in the area covered by the plat are sufficient to provide for the health, safety, and convenience of the future residents and for access to contiguous area.

11-2213 Filing a Final Plat. Application for final plat approval shall be made in writing to the Director of Community Development at least two (2) weeks prior to the appropriate meeting of the City Council. The following actions shall be accomplished before the plat is placed on the City Council agenda:

(1) A determination of the amount of the security agreement shall be made by the City Engineer. This agreement shall be filed before the plat is released by the City.
(2) At the same time that application for final plat approval is made with the Director of Community Development, a final drawing shall be presented. The final plat shall be drawn with waterproof, nonfading black ink, on muslin-backed white paper or four (4) mil transparent Mylar, 22 inches wide by 30 inches long. A Mylar copy, at a scale of 100 feet to the inch, shall be submitted to the Director of Community Development. When more than one (1) sheet is used for any plat, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the plat and shall show the name of the subdivision. Each plat shall show the correct information required by the City Council and listed on the application form. Five (5) black-on-white prints or other acceptable reproductions shall accompany the original drawing.
(3) The final plat shall be accompanied by the following information before it may be approved:

(a) Certificate of Surveyor. A certificate from a registered Minnesota land surveyor attesting to the fact that the plat represents a survey made by him, that monuments and markers shown thereon exist as located, that all dimensional and geodetic details are correct, and that he has complied with all the rules contained herein governing plats, noting any exceptions;
(b) Legal Description. A legal description of the parcel of land to be subdivided;
(c) Owners Statement. A notarized statement by the property owner that the subdivision, as it appears on the plat, is with his free consent;
(d) Mortgage. A notarized certificate by anyone holding a mortgage on the property, acknowledging the adoption of the plat and the dedication of streets and other public areas; and
(e) Title Opinion. The subdivider shall furnish an opinion from an attorney-at-law showing that the fee title is in the name of the owner as shown on the plat or he shall furnish evidence of a title insurance policy indicating the same.

11-2214 Review and Recommendations. The Director of Community Development shall transmit a copy of the final plat to the City Engineer for his recommendation. Other copies of the plat shall be retained in the Planning Department for public inspection. The report of the City Engineer shall be submitted to the Director of Community Development within ten (10) days after the final plat application is filed. The City Engineer shall state whether the final plat and the proposed or constructed improvements conform to the engineering specifications established in this Chapter.

11-2215 Disposition of the Final Plat by the City Council. Within 60 days after the application date, the City Council shall approve or disapprove the final plat and accept or reject the areas reserved for or dedicated for public use. No final plat shall be approved by the City Council which does not conform to the approved preliminary plat or which does not meet the requirements of this Chapter. The Director of Community Development shall notify the owner and subdivider in writing of the Council's decision.

11-2216 Recording the Final Plat. After the City Council takes final action on a subdivision plat, the owner shall record two (2) copies of such plat with the Register of Deeds and shall return a fully recorded reproducible copy (on linen or mylar) to the City Engineer. To entitle a final plat to be recorded in the Office of the Register of Deeds of Anoka County, the certificates required in Subsection 11-2213(3) and the certificate of approval of the City Council shall accompany it. These certificates shall be lettered or printed legibly with black durable ink or typed.

LOT SPLITS

11-2217 Scope. Any division of a lot, parcel, or tract of land into two (2) parcels when one (1) or both divided parcels have a width of less than 300 feet or are less than five (5) acres in size, shall be subject to the regulations of Chapter 11-2200.

11-2218 Exceptions. The foregoing Section does not apply to a conveyance of land if:

(1) On January 1, 1966, the property was a separate parcel of land containing at least two and one-half (2-1/2) acres of land and being at least 150 feet in width.
(2) The property was a separate parcel of land on March 7, 1962 (the date of the initial adoption of subdivision regulations by the City of Coon Rapids), or subject to a written agreement to convey said property entered into prior to that date.

11-2219 Application. Application for a lot split shall be made on forms furnished by the Planning Department and shall include a drawing showing:

(1) The scale and north direction;
(2) Dimensions of the property;
(3) Names and locations of adjacent streets;
(4) Location of existing buildings on and within 100 feet of the subject property; and
(5) Such other information as may be required, such as grading plan or contour map, to fully represent the intent of the lot split or to determine if the lot split meets the intent, and requirements of this Chapter.

11-2220 Review and Recommendations.

(1) The proposed lot split shall be presented to the Planning Commission for its recommendation. Such recommendation shall consider surrounding land uses, traffic control, zoning regulations, future developments, plans for parks, walkways, and street extensions, the availability of public sewer and water, conformance with the City's Goals and Policies, and any other criteria deemed pertinent by the Planning Commission.
(2) The division of a lot, parcel, or tract of land into two (2) parcels when one (1) or both divided parcels have a width of less than 300 feet or are less than five (5) acres in size, may be recommended for approval when public sewer or water are not available, provided that such lot split is in conformance with the City's future plans, does not interfere with orderly planning, is not contrary to the public interest, does not nullify the intent of this Chapter and provided that:

(a) The lot, parcel, or tract of land is already physically split by a public street or railroad right-of-way, metropolitan sewer trunk or high voltage electrical transmission easement, river, or stream;
(b) Public sewer and water is in the process of being extended to the property;
(c) A hardship exists in accordance with Section 11-2203; or
(d) Each of the following conditions are met:

i. The property is zoned LDR-1 or LDR-2.
ii. A habitable dwelling is located on one of the resulting parcels.
iii. Alternatives for providing future street and public utilities access to each of the parcels created are identified to the satisfaction of the City;
iv. Easements are provided as necessary to accommodate private sewage disposal and/or water systems not located on created parcels containing existing structures served by such systems. Said easements will terminate at such time as the structures are served by public utilities;
v. Documents in a recordable form acceptable to the City are provided requiring existing structures served by private sewage disposal and/or water systems and located on either created parcel to connect to public utilities whenever such systems fail and the public system is available; and
vi. No building permits for any structures requiring sanitary sewer or water are issued for parcels created by the lot split unless public utilities are available. This provision does not apply to permits for the remodeling, expansion or replacement of previously existing structures. [Revised 4/08/92, Ordinance 1407][Revised 1/12/93, Ordinance 1433]

(3) The division of a lot, parcel or tract of land into two parcels when one or both divided parcels has a width which is less than seventy (70) percent of the required minimum lot width as provided in Section 11-2302 of this Code may be recommended for approval provided that:

(a) The lot or parcel is zoned for single family residential uses and the Comprehensive Development Plan is in conformity with that zoning; and
(b) Two (2) separate dwelling structures were constructed on the lot or parcel prior to July 1, 1985 and are currently being used for residential purposes or were so used within six (6) months prior to the application for the lot split; and
(c) Following the division, each of the dwelling structures will be located on separate parcels; and
(d) Each of the structures will be served by separate utility services; and
(e) Neither resulting lot will have a width less than the width of the parcel prior to the lot split.

(4) Following review and recommendation by the Planning Commission, the request for a lot split shall be conveyed to the City Council. Within 60 days following receipt of the proposed lot split from the Planning Commission, the City Council shall approve or disapprove by resolution. If approved, a certified copy of the resolution approving the lot split shall be attached to the notice of approval and forwarded to the petitioner. The lot split, together with a certified copy of the resolution, shall thereafter be filed with the Register of Deeds of Anoka County.

11-2221 Vacation of a Plat or Subdivision.

(1) Any plat or any part of a plat may be vacated by the owner of the property, before the sale of any lot therein, by a written instrument, with a copy of the plat attached, declaring the same to be vacated. Such vacation shall require the approval of the City Council in the same manner as for plats of subdivisions. The City Council may reject any such instrument which abridges or destroys any public rights in any of its streets or alleys. Such an instrument shall be approved and recorded in the same manner as plats or subdivisions. After being recorded, such instrument shall nullify the recording of the plat so vacated and divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described in such plat.
(2) When lots have been sold, the plat may be vacated as stated in Subsection 11-2221(1), provided that all the owners of lots in such plat join in the execution of such instrument.
(3) Platted areas may be replatted, provided that they follow the provisions of this Chapter.

11-2222 Registered Land Surveys.

(1) Registered Land Surveys shall not be used to avoid the requirements of the subdivision regulations. A registered land survey for parcels of less than five (5) acres in size or 300 feet in width shall be reviewed by the Planning Commission and approved by the City Council in the same manner as a subdivision plat. Such approval shall be attached to the survey.
(2) All Registered Land Surveys shall be prepared in conformance with M.S. 508.47, Subdivision 4, which is incorporated herein by reference.
(3) Prior to approval of a Registered Land Survey, the Council reserves the right to require the dedication of street or utility easements or public park land to the City.

11-2223 General Standards and Requirements. The City Council finds that the use of individual water and private sewer systems within the City creates serious health and safety hazards.

Scattered development causes an unreasonable burden upon the taxpayers of the City, creates fiscal and engineering problems in the installation of improvements and utilities, causes undue financial burdens upon the City for policing, street and utility maintenance, fire protection and snow removal, disrupts orderly planning and stable growth, and reduces community cohesion. For these reasons the Council has adopted the following regulations:

(1) No land shall be subdivided, platted, nor replatted unless City sewer and City water shall be available to such property.
(2) No land shall be subdivided, platted nor replatted unless such land either adjoins an existing subdivision, or is in an area where City sewer and City water are available.
(3) No land shall be subdivided which is determined by the Planning Commission, after investigation by the City Engineer, to be unsuitable for use because of flooding, drainage, slope, soil conditions, rock formation, or any other feature likely to be harmful to the health, safety, or welfare of the future residents in the proposed subdivision.
(4) The City Council may, by resolution, after recommendation from the Planning Commission, limit or define the area of the City available for development; provided that such resolution is in accordance with the policies established by this Chapter. Outside the Development District, no subdivision plats or City utility extensions shall be approved except in accordance with such resolution. As development fills in the land within the Development District, the development line may be changed to include additional land area contiguous to existing development.

11-2224 Subdivision Review. The Planning Commission and City Council, in the review of subdivision requests and in the application of this Chapter, shall take into consideration the requirements of the City and the best use of the land being subdivided. Particular attention shall be given to the width and location of streets, sidewalks, suitable sanitary utilities, surface drainage, lot sizes and arrangements, as well as requirements such as parks and playgrounds, schools, and recreation sites, and other public uses. All of the following findings shall be made prior to the approval of a subdivision:

(1) All the applicable provisions of the City Code are complied with;
(2) The proposed subdivision will not be detrimental to the present and potential surrounding land uses;
(3) The area surrounding the subdivision can be planned and developed in coordination and compatibility with the proposed subdivisions;
(4) The subdivision is in conformance with the Future Land Use and Thoroughfare Plan;
(5) The subdivision preserves and incorporates the site's important existing natural features, whenever possible;
(6) All land intended for building sites can be used safely without endangering the residents by peril from floods, erosion, continuously high water table, severe soil conditions, or other menace; and
(7) The subdivision can be economically served with public facilities and services.

11-2225 Dedication of Land for Public Use--General Provisions.

(1) The recording of a subdivision shall constitute acceptance by the City of all land dedicated to or reserved for public use.
(2) If a subdivision proposed dedication of land for public use which the City Council finds is not needed, is not suitable for the intended use, or is too small for practical maintenance, the City Council may reject such dedication and require cash payments in lieu thereof, in accordance with Section 11-2228.
(3) If a required public right-of-way exceeds 80 feet in width, such right-of-way shall not be included in the gross area of the subdivision for purposes of dedication for public recreational use.
(4) Every right-of-way shall be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the areas of such lots or parcels. Right-of-ways intended for streets, service drives, crosswalks, watermains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat.
(5) Whenever a parcel of land is subdivided into lots containing one (1) or more acres and there are indications that such lots may eventually be subdivided into smaller plats, the City Council may require that such parcel of land be divided so as to allow for the future construction of streets and the extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat.

11-2226 Plat Designation and Additional Land. Where a proposed park, community center, or recreation site is shown on the Future Land Use Plan of the City and is located in whole or in part in the area being subdivided, the subdivider shall show such land on the final subdivision plat. Land in excess of the land required to be dedicated in Section 11-2228 may be dedicated by the developer as part of the subdivision approval. Land in excess of that required or agreed to be dedicated shall be differentiated by symbol on the final plat from the land to be dedicated. The acquisition of such additional land, other than required public right-of-ways, may be acquired by the proper governing bodies at the cost of unimproved land. Land reserved in excess of the amount of land required or agreed to be dedicated in Section 11-2228 shall be reserved for acquisition by the proper governing body for one (1) year from the date of approval of the final subdivision plat. The proper governing body may waive this requirement if they do not plan to acquire the land within the year.

11-2227 Park Dedication Fee.

(1) Because the subdivision of land results in additional development in the community and this causes additional demand upon the recreational and park facilities located therein, the subdivider shall dedicate lands for park purposes or pay a park dedication fee as hereinafter determined. Because of the current status of the park and recreational system for the City, and particularly the amount of undeveloped parkland, the need for additional lands for parks does not necessarily coincide with the areas being subdivided. Consequently, the Council determines that contributions by subdividers to the development of recreational park facilities should be primarily by payment of park dedication fees rather than land dedication.
(2) Park dedication fees shall be deposited in the Park Improvement Fund and used solely for the purchase of parks or improvement of parks, playgrounds, community centers, or other recreational facilities in accordance with the park and recreational segment of the City's Comprehensive Plan. The Planning Commission and Park and Recreation Commission shall make a recommendation to the City Council as to the location of any sites or facilities to be purchased with the above funds.

11-2228 Determination of Land to be Dedicated or Fees to be Paid.

(1) Amount. The amount of land required to be dedicated by a developer shall be based on the gross area included in the subdivision which could be developed for residential, commercial, or industrial purposes and shall be determined by the following formula:

(a) Residential

For each unit over 16/acre, add 0.5%.

Provided that if a lot, which is a platted lot as of January 1, 1981, is split into two (2) lots, the land to be dedicated shall be five percent (5%).

(b) Industrial. The park dedication requirement for an industrial subdivision shall be five percent (5%) of the gross area included in the subdivision. Should the City elect to require a park dedication fee rather than a dedication of land, the fee shall be equal to five percent (5%) of the fair market value of the subdivision land, but not to exceed three (3) times the park dedication fee for a single-family residential unit as determined by the City Council.
(c) Commercial. The park dedication requirement for a commercial subdivision shall be three percent (3%) of the gross area included in the subdivision. Should the City elect to require a park dedication fee rather than a dedication of land, the fee shall be equal to three percent (3%) of the fair market value of the subdivision land, but not to exceed three (3) times the park dedication fee for a single-family residential unit as determined by the City Council.

(2) Procedure. Because differing amounts of land, or no lands at all, will be required in different subdivisions, the following procedure shall be used:

(a) If land is desired by the City, the subdivider shall convey by deed or dedication the land selected by the City.

i. If the amount of land is less than the percentage required to be dedicated pursuant to Section 11-2228(1), the subdivider shall pay in addition a fraction of the park dedication fee otherwise payable, the nominator of which is the difference between the percentage of land dedicated and the percentage of land required to be dedicated and the denominator of which is the percentage of land to be dedicated.
ii. If the amount of land is greater than the percentage required to be dedicated, the City shall pay to the subdivider the fair market value of the land in excess of the percentage required to be dedicated.

(b) If the City elects to accept a fee in lieu of land dedication, the subdivider shall pay to the City the amount of the fee as determined by the City Council by resolution.

(3) Savings Clause. If any of the procedures for the determination of the park dedication fee as contained in (2) above are determined by any Court to be invalid for any reason whatsoever, the park dedication fee shall then be determined as follows:

(a) The City Assessor shall determine the fair market value of the land to be divided at the time of the final approval.
(b) A percentage equal to the percentage of land to be dedicated as contained in paragraphs (1) a, b, and c above, shall be applied to the fair market value and shall be the park dedication fee.

(4) For purposes of Section 11-2228 “fair market value” means a price that a willing buyer would pay and a willing seller would accept for the property including but not limited to zoning, financing, street, sewer, water and storm drain improvements or influences as determined by the City Assessor but excluding any buildings or structures located thereon.

11-2229 Park and Recreation Director Review. The Director of Community Development shall transmit a copy of all preliminary plats involving land to be dedicated for parks to the Park and Recreation Director, who shall report back to the Director of Community Development within 15 days on the appropriateness of any proposed park dedication.

11-2230 Credit for Private Open Space. Where 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, a credit of up to 25 percent of the requirements of Section 11-2228 may be given, provided that the following conditions are met:

(1) That such land area is not occupied by nonrecreational buildings and is available for the use of all the residents of the proposed subdivision.
(2) That required setbacks shall not be included in the computation of such private open space.
(3) That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the City Council.
(4) That the proposed private open space is of a size, shape, location, topography, and usability for park and recreational purposes or contains unique national features that are important to be preserved.
(5) That the proposed private open space reduces the demand for public recreational facilities to serve the development.

11-2231 Other Required Land Dedication. A developer of a mobile home park, multiple-family, institutional, commercial, or industrial development, for which no subdivision of property is required, shall comply with the above requirement of dedication of land for park and recreation purposes or the payment of fees in lieu thereof, prior to receiving City approval of the site plan for such development.

11-2232 Reservation of Land for Public Buildings. Whenever a tract of land to be subdivided includes a proposed school, police station, fire station, or other public building, which is shown on a City Council-approved plan, the developer shall include such space on his preliminary subdivision plat as a “reserved” use.

11-2233 Acquisition of “Reserved” Land. Land indicated as a “reserved” use under Section 11-2232 may be acquired using the following procedures:

(1) Referral to Public Body. The Director of Community Development shall refer the plat to the public body concerned with the acquisition for its recommendation. The Planning Commission may propose alternate area for such acquisition and shall allow the public body 60 days for reply. The public body’s recommendation, if affirmative, shall include a map showing the boundaries of the parcel to be acquired and an estimate of the time required to complete the acquisition.
(2) Notice to Property Owner. Upon receipt of an affirmative report from the public body, the Director of Community Development shall notify the property owner and subdivider. The subdivider shall then indicate the boundary of any area proposed to be acquired on the final subdivision plat as “reserved” land.
(3) Duration of Land Reservation. The acquisition of “reserved” land by a public body, as shown on the final plat, may be initiated within 12 months after recording of the subdivision and after written notification from the property owner that he intends to develop the land. Such letter of intent to develop shall be accompanied by a sketch plan of the proposed development and a tentative schedule of construction. Failure on the part of the public body to initiate acquisition within the prescribed 12 months shall result in the removal of the “reserved” designation from the property involved and the freezing of the property for development.

DESIGN STANDARDS

11-2234 Conformance to Applicable Rules and Regulations. In addition to the design standards, all subdivision plats shall comply with the following, if applicable:

(1) M.S. 462.351 through M.S. 462.364;
(2) Requirements of the City Code, the City Council-approved Future Land Use, Thoroughfare and Public Utility Plans, and Official Map of the City;
(3) The rules and regulations of the Minnesota Departments of Health and Highways; and
(4) State laws relating to platting requirements and registered land surveys.

11-2235 Streets.

(1) Streets shall be designed and located in relationship to existing and planned streets, to natural terrain features such as streams, contours, and existing tree growth, to public convenience and safety, and to the proposed uses of land to be served by such streets.
(2) All arterials shall be properly related to existing and proposed heavy traffic generators, such as industries, business districts, schools, churches, and shopping centers, to high population densities, and to the pattern of existing and proposed land uses.
(3) Local streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.
(4) The use of curvilinear streets, cul-de-sacs, or u-shaped streets shall be encouraged where such use will result in a more desirable layout than that of a rectangular gridiron pattern.
(5) Proposed streets shall be extended to the boundary lines of the subdivision, unless prevented by topography or other physical conditions or unless in the opinion of the City Planning Commission such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.
(6) In business and industrial developments all streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of vehicular and pedestrian traffic.
(7) Street names shall be subject to the approval of the City Council.

11-2236 Railroads and Highways. Where railroad right-of-ways and arterial streets abut a subdivision, the following shall be required:

(1) In residential districts, a bufferstrip of at least 30 feet in depth shall be added to a lot adjacent to a railroad right-of-way or arterial street. Such bufferstrips shall be landscaped pursuant to Section 11-1838.
(2) Streets parallel to the railroad when intersecting a street which crosses the railroad shall, to the extend practicable, be at a distance required for future separation of grades by means of appropriate approach gradients.

11-2237 Access to Arterial Streets.

(1) Limiting Access. Where a subdivision borders on or contains an arterial or collector street, the Planning Commission may require that access to such streets be limited by one of the following means:

(a) The subdivision of lots so as to back onto the arterial or collector street and front onto a parallel local street. No access shall be provided from the arterial or collector street and screen planting pursuant to Section 11-1838 shall be provided in a strip of land along the rear property line of such lots.
(b) A series of cul-de-sacs, u-shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the arterial or collector. Such rear lines shall be provided with a screen planting strip pursuant to Section 11-1838.
(c) A marginal access service street or frontage road (separated from the major street by a planting strip and having access thereto at suitable points). The number of residential streets entering an arterial or collector street shall be kept to a minimum.

(2) Driveway Access. Residential driveway access to arterial streets is prohibited. In the platting of small tracts of land fronting on arterial streets, temporary access to arterial streets may be permitted, provided such access is eliminated when access becomes available to local or collector streets.
(3) Control of Access. As part of subdivision approval, the City Council may require the developer to waive access to arterial and collector streets.

11-2238 Local Residential Streets. The following minimum standards shall apply to the design of local residential streets, except that marginal access streets and service drives shall be required to maintain a 40-foot right-of-way with a minimum pavement width of 24 feet and cul-de-sacs may be reduced to a 50-foot right-of-way where no other arrangement is practical and a larger right-of-way would result in deficiencies in the depth of adjacent lots or in severely limited buildable areas on adjacent lots due to extremely poor soil conditions or topography:

11-2239 Residential Collector Streets. The following minimum standards shall apply to the design of residential collector streets:

11-2240 Arterials and Nonresidential Streets. The right-of-way and pavement widths of all arterials shall be that indicated on the City’s Official Map or Thoroughfare Plan or, if no width is indicated there, such width and all other design standards shall be determined by the City Council upon recommendation of the City Engineer. In no case shall the right-of-way width of a major arterial be less than 80 feet.

Design standards for local and collector streets in nonresidential subdivisions or parts of subdivisions shall be determined by the City Council, upon recommendation by the City Engineer. In no case shall such design standards be less than the minimum standards for a residential subdivision.

11-2241 Street Grades. The grade of arterial streets shall not exceed five percent (5%) unless necessitated by exceptional topography and approved by the City Planning Commission. The grade of all other streets shall not exceed eight percent (8%). The minimum grade of all streets shall be 0.4 percent. Sidewalks or crosswalks shall not exceed 12 percent grade.

11-2242 Cul-de-sacs.

(1) A cul-de-sac street shall not exceed 500 feet in length.

(2) The diameter of a cul-de-sac turnaround (measured at the right-of-ways) shall be not less than 120 feet. Pavement diameter of a cul-de-sac turnaround shall be not less than 90 feet.
(3) Temporary Cul-de-sac. Where a subdivision adjoins unsubdivided land, streets shall be extended to the subdivision's boundary line and a temporary cul-de-sac shall have a turnaround having an outside roadway diameter of at least 75 feet. Such temporary cul-de-sac shall remain in existence until the street is extended beyond the subdivision’s boundary line.

11-2243 Half-streets.

(1) Half-streets may only be approved in a subdivision where they are essential to the development of the subdivision and where it will be practicable to obtain dedication of the other half of the street when the adjoining land is subdivided. An outlot may be subdivided onto a half-street. No buildable lots shall be subdivided onto a half-street unless the City Council finds that the street will have a full street right-of-way prior to the development of the proposed lots.
(2) Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be dedicated by the subdivider. Where a new subdivision abuts an existing street which lacks the required right-of-way width, the additional right-of-way width may be required to be dedicated by the subdivider.

11-2244 Street Intersections.

(1) Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of any two (2) streets at an angle of less than 75 degrees shall not be acceptable. No more than two (2) streets shall intersect at any one point, unless approved by the City Council.
(2) Proposed new intersections along one (1) side of an existing street shall wherever practicable coincide with any existing intersections on the opposite side of such street. Street jobs with center line offsets of less than 150 feet along local streets shall not be permitted.
(3) Where streets intersect arterial streets their alignment shall be continuous. The intersections of local or collector streets with arterial streets shall be kept to a minimum. Wherever practicable, such intersections shall be at least 1,000 feet apart. Wherever practicable, the intersection of local streets with collector streets shall be at least 300 feet apart.

11-2245 Alleys. The development of public alleys within residential, commercial, and industrial developments shall be discouraged. Where alleys are deemed necessary for access to off-street parking, loading areas, or for utility service, alleys may be approved by the City Council, provided that:

(1) The minimum right-of-way width for an alley shall be 24 feet. The minimum pavement width shall be 18 feet;
(2) Alleys shall intersect public street right-of-ways at right angles; and
(3) Dead-end alleys shall be prohibited unless unavoidable. If unavoidable, they shall have a minimum cul-de-sac pavement radius of 44 feet.

11-2246 Easements.

(1) A minimum easement of ten (10) feet in width shall be provided for both private and public utilities. Proper coordination shall be established between the subdivider and the applicable utility companies for the establishment of utility easements.
(2) Where a subdivision contains a natural ponding area or is traversed by a watercourse, drainageway, channel, or stream, a storm water drainage easement shall be provided which substantially conforms to the ponding area or lines of such watercourse. Such easement shall be approved by the City Engineer.

11-2247 Residential Blocks.

(1) Blocks shall have sufficient width to provide for two (2) tiers of lots. Exceptions may be permitted in blocks adjacent to arterial streets, railroads, or waterways, or where topography or soil conditions warrant such an exception.
(2) Block lengths in residential areas shall not exceed 2,000 feet in length. Blocks shall be oriented at right angles with collector streets.
(3) Superblock. A development with oversized irregular-shaped blocks, with access from the surrounding through streets by means of short cul-de-sacs or loop streets, and containing interior parks, playgrounds, and school sites, is acceptable when such plans include adequate walks for pedestrian access from any lot in a block to the interior park. Such development shall be covered by agreements that will assure the development and maintenance of the public or private open space areas.
(4) Where a block is more than 1,000 feet long, the City Council may require a minimum of a five (5) foot wide walkway within a 15-foot right-of-way through the block to provide circulation to schools, playgrounds, parks, shopping centers, transportation, or other community facilities.

11-2248 Lots.

(1) The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of use proposed. Lot dimensions shall meet the zoning regulations. Lots fronting on a cul-de-sac shall have a minimum depth of 105 feet. No such lot shall have less than 20 feet of frontage on a cul-de-sac.
(2) Every lot shall abut a public street or have access to a public street by means of a private street or private easement. An outlot shall have access to at least a half-street easement. Private streets shall meet the design standards of this Chapter. Private easements, whereby one (1) lot requires access to a public street over another lot, shall be discouraged if at all possible with every effort made to have such lots directly abut a public street. Lots with access only to private streets or easements shall be permitted only with the approval of the City Council.
(3) Lots shall be laid out to provide drainage away from buildings. Individual lot drainage shall be coordinated with the storm drainage pattern for the area.
(4) Lots at right angles to each other shall be avoided wherever possible, especially in residential areas.
(5) Side lot lines shall be approximately at right angles or radial to street lines.
(6) Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arteries or to overcome specific disadvantages to topography or orientation. The minimum lot depth shall be increased by 15 feet for all double frontage lots.

11-2249 Security Agreements for Required Improvements. Before a plat is released by the City to the developer for filing, the subdivider shall submit a security agreement to assure that the subdivider will petition the City to install all the required improvements and to assure the payment of the assessments therefore under the following conditions:

(1)(a)For single-family, two-family, or townhouse residential developments, the subdivider shall deposit with the City a cash escrow of not less than 20 percent of the City Engineer's estimated cost of the required improvements. If the cost of improvements as determined after receipt of bids for construction exceeds the Engineer’s estimate by ten percent (10%) or more, the cash escrow deposit shall be increased proportionately. The total cost of the improvements shall be assessed in equal annual installments over a period not to exceed five (5) years. The cash escrow deposit shall remain intact until the outstanding principal of assessments against the development together with penalties and interest equals the cash escrow deposit. Thereafter the cash escrow deposit can be reduced as the principal of assessments together with penalty and interest is reduced. The rate of reduction shall be $1.00 for each $1.00 of reduction in the outstanding assessments. At such times, the developer shall have the option of replacing the cash escrow deposit with a letter of credit of equal amount. For purposes of this Subsection, assessments may be considered as paid for each lot upon which a residence has been constructed, the lot sold, and outstanding assessments against the lot assumed by the buyer.
(b)As an alternative to Subsection (a), the subdivider may furnish the City with a security agreement other than a cash escrow deposit in a sum not less than 40 percent of the City Engineer's estimated cost of the required improvements. If the cost of improvements as determined after receipt of bids exceeds the Engineer's estimate by ten percent (10%) or more, the security agreement shall be increased proportionately. The total cost of improvements shall be assessed in equal annual installments over a period not to exceed five (5) years. After the balance of principal of assessments is equal to or less than the amount of the security agreement, the security agreement can be reduced as assessments are paid thereafter at the rat of $1.00 for each $1.00 paid. In addition, the City may reduce the amount of the security agreement by 100 percent of the unpaid principal of assessments against each lot upon which a building has been constructed, the lot sold, and the outstanding assessments against said lot assumed by the buyer; provided, however, that no reduction shall be granted until such time as the outstanding principal of assessments together with penalties and interest is equal to or less than the amount of the security agreement.

(2)(a) For all other types of development, the subdivider shall deposit with the City a cash escrow of not less than 20 percent of the City Engineer’s estimated cost of the required improvements. If the cost of the improvements as determined after receipt of bids exceeds the Engineer's estimate by ten percent (10%) or more, the cash escrow deposit shall be increased proportionately. The total cost of the improvements shall be assessed in equal installments of principal over a period not to exceed 15 years. The cash escrow deposit shall remain intact until the outstanding principal of the assessment together with penalties and interest equals the cash escrow amount. Thereafter the cash escrow deposit can be reduced as the principal of assessments together with penalty and interest is reduced. The rate of reduction shall be $1.00 for each $1.00 of reduction in the outstanding assessments. At such times, the developer shall have the option of replacing the cash escrow deposit with a letter of credit of equal amount. For purposes of this Subsection, assessments may be considered as paid for each lot upon which a building has been constructed, the lot sold, and the outstanding assessments against said lot assumed by the buyer.
(b) As an alternative to Subsection (a), the subdivider may furnish the City with a security agreement equal to 40 percent of the City Engineer’s estimated cost of the required improvements. If the cost of the improvements as determined after receipt of bids exceed the Engineer's estimate by ten percent (10%) or more, the security agreement shall be increased proportionately. The total cost of the improvements shall be assessed in equal annual installments over a period not to exceed ten (10) years. After the balance of principal of assessments is equal to or less than the amount of the security agreement, the security agreement can be reduced as assessments are paid at the rate of $1.00 for each $1.00 paid. In addition, the City may reduce the amount of the security agreement by 100 percent of the unpaid principal of assessments against each lot upon which a building has been constructed and a certificate of occupancy issued provided that no reduction shall be granted until such time as the outstanding principal of assessments together with penalties and interest is equal to or less than the amount of the security agreement.

(3) In extenuating circumstances, as determined by the City Council, the Council may provide that annual payments of principal on the assessments for all types of developments except single-family, two-family, or townhouse residential developments may be delayed for a period not to exceed two (2) years with the assessments being paid in not more than eight (8) annual installments thereafter; provided, however, that interest only shall be payable in the years for which principal payments have been delayed.
(4) Requests for reduction in security amounts may be made to the Director of Community Development. The Director may approve the request in full or in part or he may deny the request. In the case of denial or partial approval, the developer may appeal the decision to the City Council by filing with the Director of Community Development a written request for such appeal within ten (10) days after notice from the Director of Community Development of his decision. The appeal shall be placed on the agenda of the next regular Council meeting. The developer shall be notified of the time and place of such meeting. The Council may affirm, amend, or reject the decision of the Director of Community Development.
(5) In addition to the requirements of Section (1) through (4) hereof, if a plat is submitted for final approval prior to the approval by the City Council of an assessment for improvements which benefit the area being platted, approval of the plat shall be conditioned upon:

(a) The developer submitting a security agreement, meeting the requirements of City Code Section 11-2249 guaranteeing payment by the developer of estimated assessments against the area being platted resulting from the pending project;
(b) The developer agreeing to the assessment of such benefits on the area being platted over a term of years equal to the term of the assessments for improvements required by platting.

11-2250 Installation of Required Public Improvements. The security agreement shall also ensure that the subdivider will install those required public improvements permitted to be installed by the subdivider under the following conditions:

(1) Guaranteed completion of the improvements within the time period specified in this Chapter.
(2) Payment by the subdivider to the City for preparation or review of feasibility report, plans and specifications, and for inspection by the City Engineer.
(3) The security agreement shall be equal to 150 percent of the City Engineer’s estimated cost of the required improvements.
(4) If the required improvements are not completed within the time period specified in this Chapter, the City may proceed to complete the improvements by contract or force account and obtain reimbursement of its costs from the security agreement. If the funds available are not sufficient to complete the required improvements, the additional cost shall be assessed against the subdivision in equal annual installments over a period of two (2) years.
(5) Should the subdivider elect to install a portion of the required improvements and petition the City for the remainder, the requirements of this Chapter shall apply to those respective portions of the improvements.
(6) Security agreements may be reduced at the rate of $1.50 for each $1.00 of improvements constructed. Requests for reduction in security amounts may be made to the Director of Community Development. The Director may approve the request in full or in part or he may deny the request. In the case of denial or partial approval, the developer may appeal the decision to the City Council by filing with the Director of Community Development a written request for such appeal within ten (10) days after notice from the Director of Community Development of his decision. The appeal shall be placed on the agenda of the next regular Council meeting. The developer shall be notified of the time and place of such meeting. The Council may affirm, amend, or reject the decision of the Director of Community Development.

11-2251 Additional Requirements.

(1) For purposes of this Title, a security agreement shall include a performance bond, cash escrow deposit, or irrevocable letter of credit in form acceptable to the City Attorney and with firms authorized to do business in the State of Minnesota.
(2) The security agreement shall be irrevocable for the full term of any assessments for which given or for the full period of construction of improvements by the developer, whichever is applicable. The agreement shall be so conditioned as to guarantee payment of the assessments as due or to pay for the cost of improvements which the developer opted to install.
(3) In each instance where a security agreement is given to guarantee payment of assessments, the developer shall also give to the City in writing a waiver of all notices and public hearings incidental to the assessment procedure.

11-2252 Specific Required Improvements. The following improvements are required to be completed for each subdivision:

(1) Installed by the City and paid by the developer:

(a) Water Facilities. Public water service. Such service shall consist of adequate water facilities, including fire hydrants, meeting specifications on file in the office of the City Engineer.
(b) Sewer Facilities. Public sanitary sewer service. Such service shall consist of adequate sanitary sewer facilities, including installation of laterals to the public right-of-way line, meeting specifications on file in the office of the City Engineer.
(c) Storm Sewer. Storm sewer facilities not connected with street construction. The subdivider may install or may petition the City to install those storm sewer facilities that are connected with street construction (i.e., catch basins, leads to storm sewers). All such facilities shall meet specifications on file in the office of the City Engineer.
(d) Streets. Paved public streets, including curb and gutter, for those streets proposed in an approved subdivision. The subdivider may install the improvements, or he may petition the City to install such improvements. Such facilities shall meet the specifications on file in the office of the City Engineer. In projects involving developer construction of public streets and storm sewer facilities connected thereto, the engineering services shall be provided by the City Engineering Department or a City-retained engineering consultant. Streets constructed by the developer shall be completed within 90 days after completion of the installation of utilities by the City. Said 90-day period shall be suspended between the dates of November 1 and April 1.
(e) Street Signs. Street signs at all intersections within or abutting the subdivision. Prior to the release of a plat to the developer for filing, the developer shall pay to the City an amount equal to the City Engineer’s estimated cost of furnishing and installing such signs.

(2) Installed by the developer:

(a) Monuments. Permanent reference monuments in the subdivision at all property corners as approved by the City Engineer.
(b) Streetlights. Streetlights meeting City standards and specifications shall be installed at all interior street intersections within the subdivision. Such lights shall also be installed on all interior streets within the subdivision at points designated by the City Engineer. The points shall be approximately 250 feet apart on residential streets and approximately 400 feet apart on collector streets. Streetlights required on streets bordering a plat shall be installed pursuant to Section 11-2252(4)(a). Streetlights shall be installed along existing streets within 90 days of the filing of the plat or within 90 days after the completion of the construction of the streets. If the streets are completed or the plat filed between November 1 and April 1, the 90-day time period for installation of the required streetlights shall commence on the following April 1.
(c) Sidewalks. Public sidewalks shall be installed at all locations designated in the Sidewalk System Plan adopted by the City Council.

The location, design, and elevation of sidewalks shall be in conformance with standards on file in the office of the City Engineer.

If the Council determines that sidewalk construction is not feasible because of future street construction, the Council may postpone such construction, provided the developer furnishes to the City a cash escrow for payment of future construction. The cash escrow shall be in the amount determined by the City Engineer to cover the cost of construction of the sidewalks.

Prior to the Council granting final approval for a plat, the developer shall furnish the City with an agreement, in form recordable with the County Recorder, providing that for any lots not built upon within two (2) years after the issuance of the first building permit in the subdivision:

i. The developer shall install sidewalks adjacent to such vacant lots within 90 days; or
ii. The developer shall pay to the City the cost of installing such sidewalks, such cost to be determined by the City Engineer; or
iii. The City shall have the right to install the sidewalks and assess the cost thereof against abutting properties. The developer shall notify each purchaser of lots within the subdivison of the terms of the agreement and specifically of the possibility of future assessments against the lots for sidewalk construction.
iv. If at the end of the two (2) year period, building permits have been issued and remain valid for any of the vacant lots, the provisions of i. through iii. above may be satisfied by the furnishing of a security agreement by the permit builder, in an amount determined by the City Engineer, guaranteeing installation of the sidewalk within 90 days of final building inspection. If final inspection occurs after November 1, the 90 days shall commence as of April 1 of the following year.

(3) Improvements to be installed by the builder:

(a) Street Trees. Trees shall be installed in accordance with the provisions of Section 12-207(8).
(b) Topsoil, Sodding, and Seeding. Redistribution of topsoil of the lot and boulevard. The builder shall seed or sod the disturbed boulevard areas. Where a ditch, creek or man-made and/or natural waterway, which is part of the public storm drainage system, and which was constructed or reconstructed on or after September 1, 1985, is located totally or partially on or across a privately owned lot or parcel of land, the builder, at the time of constructing a building on that lot or parcel, shall sod all slopes of such ditch, creek or man-made and/or natural waterway located on that lot or parcel. This work shall be done in accordance with specifications on file in the office of the City Engineer. The City Engineer may waive this requirement if topography and/or soil conditions make the requirement impractical.
(c) Sidewalks. Public sidewalks along both sides of collector and arterial streets and in such other locations required by the City Council. The builder may install such improvements or petition the City to install such improvements. With regard to collector or arterial streets which are adjacent to or extend through the interior of industrial parks, the Council, upon petition of the owner or developer, may postpone the construction of such sidewalks until such time as the Council may determine the need for sidewalks on one or both sides. Such determination shall be based upon, but not limited to, consideration of the following factors: the presence of labor-intensive industry; access to public transportation; and anticipated frequent use by pedestrians.
(d) Curb-stop Adjustments. The builder shall make all necessary adjustments to the curb stops to bring them flush with the topsoil.
(e) Security Agreement. If any of the improvements required under Section 3 hereof are not completed at the time of the final inspection by the Building Inspector, the owner, or builder shall furnish to the City a security agreement in an amount equal to 100 percent of the City Engineer’s estimated cost for such improvements. Requests for the release of any security agreement provided hereunder may be made by the owner or builder to the Director of Community Development upon completion of all improvements covered by the security agreement. The Director of Community Development shall approve or deny the request. If denied, he shall state in writing the reasons for denial. The owner or builder may appeal the decision to the City Council by filing with the Director of Community Development a written request for such appeal within ten (10) days after notice from the Director of Community Development of his decision. The appeal shall be placed on the agenda of the next regular Council meeting. The developer shall be notified of the time and place of such meeting. The Council may affirm or reject the decision of the Director of Community Development.

(4) Installed by the City:

(a) Streetlights. Streetlights required on new streets that border a plat shall be installed by the City and the costs thereof may be assessed to the adjacent property at the time the street is specially assessed. Streetlights required on pre-existing streets that border a plat will be installed by the City without special assessment of the cost. Such lights shall meet the City's standards and specifications and shall be installed at points designated by the City Engineer, which points shall be approximately 250 feet apart on residential streets and approximately 400 feet apart on collector streets.

11-2253 Postponed Construction of Improvements. If the City Council, upon the affirmative recommendation of the City Engineer, determines that it is impractical for the subdivider or City to install any of the required improvements at the time of the lot split or subdivision because of unavailability of proper storm drainage, unreasonable segmentation of street, or inability to install necessary utilities, the Council may postpone the construction of such improvements until the conditions have been eliminated. In such case, the subdivider shall execute and deliver to the City an agreement for recording in the office of the County Recorder for Anoka County, agreeing to be assessed for the costs of such improvements when constructed and waiving all rights to a hearing on the improvement and assessment. The agreement shall run with the land and be binding upon all successors in interest of the subdivider to the affected property. In such case, no bond or cash deposit will be required for the postponed improvements.

11-2254 Plats Outside of Development District. The provisions of Section 11-2223 of the City Code notwithstanding, the Council may approve an application for the subdivision of land lying outside of the Development District as established by the City Council. Approval can be given only if the Council finds:

(1) The property to be subdivided had as of February 8, 1976, sanitary sewer lateral benefit to the property and sanitary sewer lateral abutting all proposed lots of the proposed plat.
(2) The installation of water lateral would be impractical and uneconomical at the time of platting.
(3) The assessments for sanitary sewer lateral and trunk benefits constitute an unreasonable financial burden upon the owners of such land.

Approval of any such subdivisions shall require compliance with all terms and conditions of Title 11 of the City Code and specifically of Chapter 2200 thereof, except the following:

(1) City water need not be available.
(2) Public streets shall be temporary paved streets without curb and gutter; provided, however, that upon the installation of water, the streets shall be reconstructed as permanent streets and shall comply in all respects with Chapter 2200.

11-2255 Application Fee. A non-refundable application fee, to be set by ordinance shall accompany an application. On proof of financial hardship, the City Manager, or the Manager’s designee, may waive an application fee. [Revised 12/2/03, Ordinance 1827]