SECTION 1307.01 CONFORMITY WITH THE COMPREHENSIVE PLANNED ZONING ORDINANCE:
A proposed subdivision shall conform to the Comprehensive Plan, to related policies adopted by the City, and to the Zoning Ordinance of the City.
SECTION 1307.02 LAND REQUIREMENTS
A. Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if the site is not suitable for the purposes proposed by reason of flood inundation, topography or adverse soil or rock formation.
B. Land subject to hazards to life, health, or property shall not be subdivided until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the subdivision plan.
C. Proposed subdivisions shall be coordinated with surrounding jurisdictions and/or properties, so that the City as a whole may develop efficiently and harmoniously.
SECTION 1307.03 BLOCKS:
Block length and width or acreage within bounding streets shall be
such as to accommodate the size of residential lots required in the area by the Zoning Ordinance, and to provide for convenient access, circulation control, and safety of street traffic.
SECTION 1307.04 LOTS:
A. Area: The minimum lot area, width and depth shall not be less than that established by the City Zoning Ordinance in effect at the time of adoption of the final plat.
B. Side Lot Lines: Side lines of lots shall be at right angles to street lines, radial to curved street lines, or radial to lake shores unless topographic conditions necessitate a different arrangement or the City Engineer recommends and City Council find such deviation acceptable.
C. Building Sites: All building sites shall undertake appropriate surface drainage measures consistent with the provisions of Section 1216.04 of the Sunfish Lake Zoning Ordinance.
*D. Frontage: Every lot must have the minimum frontage on a City approved public street as required in the City Zoning Ordinance or onto a City approved private drive subject to the following:
1. For lots of record established prior to 1 June 1998, the City may allow the subdivision of one (1) parcel which does not meet the minimum lot frontage requirement stipulated by this Ordinance from another parcel of land which meets the minimums established by this Ordinance provided that:
a. Access to the site not meeting minimum frontage requirements shall be by easement crossing a parcel which has minimum required frontage on a public road.
b. The easement providing access to a site lacking required minimum frontage shall be subtracted from the minimum required developable area of the lot affected (that lot over which the easement is placed must be two and one-half (2.5) net acres or greater).
c. In no case shall access by easement serve more than two (2) lots. *Amended Ord. No. 1998-04, 7 July 1998
d. No more than one (1) additional lot is created and if there is potential for additional subdivisions meeting the minimum standards required by this Ordinance and the Subdivision Ordinance, the property shall be deed restricted, prohibiting such division. Such deed restriction shall be by recorded agreement between the City and landowner.
e. The location and construction methods of driveways provided under this section shall be subject to standards recommended by the City Engineer and approved by the City Council following fifteen (15) days advanced written notice to all property owners within one thousand (1,000) feet of the proposed subdivision.
f. The lots resulting after the proposed subdivision shall meet the minimum developable area, lot width and setback requirements as specified by this Ordinance.
g. The City Council may limit the placement of structures on the lots resulting after the proposed subdivision in consideration of preservation of trees and topography and views of abutting properties and may also limit the lighting of driveways.
h. Maintenance of the property access shall be the responsibility of the property owner(s) and not the City.
i. Request to split a parcel under the terms of this section shall require conformance with the content and data requirements of Section 1302.02 (Minor Subdivisions). All applications shall require review and approval of the City Planner and shall be processed under the standard pass-through fee system according to the current fee schedule for minor subdivisions.
* 2. As a means of providing access to subdivided lots in a manner other than by public street access with public street frontage, the City may allow, but is not required to allow, the subdivision of not more than three (3) lots that do not meet the minimum lot frontage requirement stipulated by this Ordinance from another parcel of land which meets the minimums established by this Ordinance provided that:
a. Access to the lots not meeting minimum frontage requirements shall be by permanent easement that crosses a parcel that has minimum required frontage on a public road. The portion of the parcel over which the easement is placed shall not count toward meeting minimum frontage requirements. * Amended Ord. No. 2003-01, 5 August 2003
b. The easement providing access to lots lacking required minimum frontage shall be subtracted from the minimum required developable area of the lot affected (lots over which the easement is placed must be two and one-half (2.5) net acres or greater exclusive of the easement) provided, however, the portion of the easement that only serves a lot outside of the subdivision shall not be subtracted from the minimum required developable area of the lot in the subdivision over which such portion exists.
c. In no case shall access by easement serve more than four (4) lots, including lots within the subdivision as well as lots outside the subdivision.
d. No more than three (3) lots in the subdivision shall be below the minimum lot frontage requirement. If three (3) lots in the subdivision will be below the minimum lot frontage requirement and if there is potential for additional lot divisions meeting the minimum lot size standards required by this Ordinance and the Subdivision Ordinance, then the property shall be deed restricted, prohibiting any future divided lot in the subdivision from using the easement as a substitute for minimum lot frontage. Such deed restriction shall be by recorded agreement between the City and landowner.
e. The location, design and construction methods of the private road easement shall be subject to review by the City Engineer and approval by the City Council. Standards include, but are not limited to, the following:
(1) The minimum easement width shall be forty-two (42) feet.
(2) The minimum paved roadway surface width shall be eighteen (18) feet.
(3) The minimum drivable roadway surface (including paved roadway and shoulders) shall be twenty-two (22) feet.
(4) The minimum cul-de-sac turn-around easement radius shall be sixty (60) feet.
(5) The minimum cul-de-sac turn-around drivable roadway surface radius (including paved roadway and shoulders) shall be fifty (50) feet. The minimum paved roadway surface radius shall be forty-eight (48) feet. An interior landscaped island with a radius not exceeding twenty-five (25) feet may be allowed provided the landscaped island is kept free of shrubs, trees, boulders, structures, and the like.
(6) Roads, including paved roadway and shoulders, shall be constructed for a nine (9) ton axle weight capacity.
f. No trees, branches, or shrubs shall be planted or allowed to grow up or extend within air space bounded by a vertical distance running from the ground to a height of thirteen (13) feet six (6) inches or such higher amount as necessary to allow public safety vehicles (e.g. fire trucks, fire tankers, and ambulances) to have unobstructed clearance, and bounded by a horizontal distance of fifteen (15) feet on each side of the centerline of the roadway.
g. Maintenance of the private road easement shall be the responsibility of the property owners served by the easement through their homeowners’ association and not the City.
h. The subdivision applicant shall establish a homeowners’ association of all the owners of property served by the easement within the subdivision. On behalf of the property owners served by the easement, the homeowners’ association shall be responsible for maintenance of the road easement. The subdivision applicant shall create association documents that address the following:
(1) membership in the association,
(2) standards for repair and maintenance of the road easement,
(3) financing of on-going maintenance and repair,
(4) collection of maintenance and repair costs from the homeowners, and
(5) a governance and voting structure.
The association documents shall be subject to the review and approval of the City Council.
i. The homeowners’ association, property owners, and City shall enter into an agreement providing that if Section 1307.04.D.2.f has been violated, the City may treat the violation as a nuisance and the City may, but is not required to, remove the vegetation within the air space required to be free of vegetation if the homeowners’ association and property owners have not removed the vegetation within thirty (30) days after written notice by the City to do so. If the City does remove the vegetation, the costs and expenses shall be paid pro-ratably on a per lot basis by the property owners served by the easement. The agreement will provide that if payment is not made within 30 days of the invoice, then the City may certify to the Dakota County Treasurer/Auditor the amount due as payable with the real estate taxes in the next calendar year; such certification may be made under Minnesota Statutes Chapter 444 in a manner similar to certification for unpaid utility bills. In the agreement the property owners shall waive any and all procedural and substantive objections to the imposition of such charges on the lots.
Further, as an alternate means of collection, if the invoice is not paid by a property owners served by the easement, the City, without notice and without hearing, may specially assess the lot for the costs and expanses incurred by the City. In the agreement, the property owners served by the easement shall waive any and all objections to the special assessments including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the lots served by the easement. The property owners served by the easement will waive any appeal rights otherwise available pursuant to Minnesota Statute, Section 429.081. The property owners served by the easement will acknowledge that the benefit from the performance of the tasks by the City to ensure compliance with Section 1307.04.D.2.f equals or exceeds the amount of charges and assessments for the costs and expenses that are being imposed.
j.If the Council determines the following:
(1) That an adjoining parcel outside the proposed subdivision could be served by the easement; and
(2) That if the easement had been a public street, the adjoining parcel outside the subdivision would under reasonable planning principles have been served by a public street lying in the same general area of the easement; and
(3) That the adjoining parcel either:
does not have public street access and there is not the reasonable probability that the adjoining parcel will have public street access in the future; or
there are practical difficulties in serving the adjoining parcel by a public street,
then the Council may require that the private road easement extend to the benefit of the adjoining parcel. In such case, the subdivision applicant by the easement instrument shall also declare the easement to be for the benefit and use of the adjoining parcel, provided the adjoining parcel owner agrees to pay its pro-ratable share of the maintenance and repair costs of the easement based on the number of lots served by the easement if the adjoining parcel owner uses the easement and provided the adjoining parcel owner further agrees to grant the City the same rights to enforce Section 1307.04.D.2.f against the adjoining parcel as are set forth in Section 1307.04.D.2.i if the adjoining parcel owner uses the easement. Such agreements shall be recorded and run with the adjoining parcel.
k.A request to subdivide a property under the terms of this section shall require conformance with the content and data requirements of Section 1306 (Plat and Data Requirements).
If the conditions set forth in Sections 1307.04.D.2.a through k cannot be met, then the subdivision applicant must comply with the minimum lot frontage requirement along a public street.
*E. Access: Each lot shall directly access a public street or shall have a private drive access approved by the City under Section 1307.04.D. or the Interim Use Permit provisions as specified in Section 1241 of the City Zoning Ordinance. In cases where special conditions require an alternative means of access, it shall be subject to the review and approval of the City Council.
F. Setback Lines: Setback or building lines shall be shown on all lots and shall not be less than the setback required by the City Zoning Ordinance, as may be amended.
G. Watercourses: Lots abutting a watercourse, wetland, ponding area, drainageway, channel, or stream shall have additional depth and width, as required to comply with the approved drainage plan for the subdivision and to meet the provisions of the City Zoning Ordinance to assure building sites that are not subject to flood water inundation.
* Amended Ord. No. 1998-04, 7 July 1998
H. Drainage: Lots shall be graded so as to provide drainage away from building locations, subject to the recommendation of the City Engineer and approval by the City Council. A development plan shall be submitted showing all lot grading and drainage provisions.
I. Features: In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and stability to the proposed development.
J. Lot Remnants: All remnants of lots below minimum size for the respective zoning district in which they are located must be added to abutting lots or lots immediately adjoining rather than to remain as unusable parcels. For remnants, separated by a public right-of-way, the lot remnants shall be designated an outlot. Lot remnants may be allowed if a plan for future use is found acceptable by the City Council.
K. Political Boundaries: With the exception of school district boundaries, no singular plat shall extend over political jurisdictional boundaries. Where a singular plat extends over school district boundaries, no individual lot may extend over said school district boundary.
L. Frontage on Two Streets: Double-frontage, or lots with frontage on two (2) parallel or non-intersecting streets shall not be permitted except:
1. Where lots back on arterial streets or highways, or
2. Where topographic or other conditions render subdividing otherwise unreasonable.
M. Turn-Around Access: Where proposed residential lots abut a collector street, they shall be platted in such a manner as to encourage turn-around access and egress on each lot and discourage direct access onto such streets.
N. Access to Arterial Streets and Collector Streets: In the case where a proposed plat is adjacent to a limited access highway, other major highway, or other arterial street, said streets to be defined by the City's Comprehensive Plan, there shall be no direct vehicular access from individual lots to such streets and roads. In the platting of small tracts of land fronting on limited access highways or arterial street where there is no other alternative, a temporary entrance may be granted, subject to terms and conditions defined by the City Council and applicable County or state agencies. As neighboring land becomes subdivided and more preferable access arrangements become possible, such temporary access permits shall become void.
O. Outlots: The creation of outlots is to be discouraged, except in such cases where title discrepancies exist and their establishment has been determined by the City Attorney to constitute the most effective means of dealing with the issue. In such cases where outlots are created or exist, their area shall not be utilized in calculating minimums for buildable lot area requirements. Said outlots are also prohibited from qualifying for building permits.
*P. Minimum Building Elevation (lowest window or door open to outside):
1. Minimum Building Elevation above the 100-Year Ordinary High Water Elevation:
a. 3.0 Feet is Desired
b. 2.0 Feet is Required
2. Minimum Building Elevation above the Natural Overland Overflow Elevation:
a. 1.0 Foot is Desired
b. 0.5 Feet is Required
*Q. Driveway Culvert: A minimum culvert size of fifteen (15) inches shall be installed under any driveway requiring storm water runoff to pass through the driveway. All driveway culverts shall be installed with culvert aprons attached to each side. All required culverts shall be installed prior to commencement of house construction.
SECTION 1307.05 STREETS:
A. Proposed streets shall conform to State, County and City highway/street plans which have been prepared, adopted and/or filed as prescribed by law.
B. Streets shall be logically related to the topography, so as to produce usable lots and reasonable grades.
C. Access shall be given to all lots and portions of the tract in a subdivision and to adjacent unsubdivided parcels, unless the topography clearly indicates that such connection is not feasible. Reserved strips and land-locked areas shall not be created.
D. The arrangement of streets in new subdivisions shall make provision for the appropriate continuation of existing streets in adjoining areas. * Amended Ord. No. 1997-08, 6 May 1997
E. Where adjoining areas are not subdivided, but may be subdivided, the arrangement of streets in a new subdivision shall make provision for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations. A temporary turn-around facility shall be provided at the closed end, in conformance with cul-de-sac size requirements. Construction standards for temporary facilities shall be recommended by the City Engineer and approved by the City Council. Construction of said streets shall be to the boundary of the plat.
F. Local streets shall be laid out to discourage their use by through traffic. The arrangement of arterial and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, to their appropriate relationship to the proposed uses of the area to be served and in compliance with the City's Comprehensive Plan.
G. Provisions for Resubdivision of Large Lots and Parcels: When a tract is subdivided into larger than normal building lots or parcels which have the potential for further subdivision, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision.
H. Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts with temporary cul-de-sacs, or when designed as cul-de-sac streets.
* **I. Private streets and reserve strips shall be prohibited and no public improvements shall be approved for any private street. All streets shall be dedicated for public use. If any person applies to subdivide or replat any land or parcels adjoining an existing private street, the private street shall be required to be dedicated for public use and scheduled for improvement to public street standards at the time of final plat. An exception to the prohibition on private streets may be granted by the City Council through the approval of an interim use permit, as specified by the City Zoning Ordinance or an exception may be allowed under Section 1307.04.D..
J. Where a subdivision abuts or contains an existing or planned principal arterial, a street approximately parallel to and on each side of such arterial and right-of-way may be required for adequate protection of residential properties and separation of through and local traffic. Such service streets shall be located at a distance from the major arterial or railroad right-of-way suitable for appropriate use of the intervening land, as for park purposes in residential districts. Such distances also shall be determined with due regard for the requirements of approach grades and future grade separations.
* Amended Ord. No. 1997-08, 6 May 1997
** Amended Ord. No. 1998-04, 7 July 1998
K. The street design shall not be such as to cause hardship to owners of adjoining property in platting their land and providing convenient access thereto.
SECTION 1307.06 CUL-DE-SAC STREETS
A. Cul-de-sac streets permanently designed as such, shall not exceed one thousand (1,000) feet in length, except in such cases where one or both of the following have been demonstrated:
1. Area topography or other physical site conditions warrant a cul-de-sac, dead-end design.
2. A through street is not physically feasible.
All cul-de-sacs shall include a terminal turn-around which shall be provided at the closed end, with a right-of-way radius of not less than sixty (60) feet. The length of the cul-de-sac shall be measured along the centerline from the nearest intersection to the center point of the cul-de-sac turn-around.
B. Where a temporary cul-de-sac is required, the turn-around right-of-way shall be placed adjacent to a plat boundary line and a right-of-way of the same width as the street shall be carried to said property line in such a way as to permit future extension of the street into the adjoining tract. At such time as such a street is extended, the acreage covered by the turn-around outside the boundaries of the extended street shall revert in ownership to the property owner fronting on the temporary turn-around.
SECTION 1307.07 STREET DESIGN:
A. Widths: Street right-of-way widths shall be as determined in the Comprehensive Plan and official map, and where applicable, shall conform to County and State standards for trunk highways. In cases where no standard is provided, the following minimum standards shall apply:
Street Right-of-Way Roadway Surface
Classification Width Width
Principal ArterialMnDOT StandardMnDOT Standard
Minor Arterial 80 feet 48 feet
Collector 60 feet 30 feet
Local 50 feet 22 feet
Cul-de-Sac 60 foot 50 foot
B. Street Intersections: Insofar as practical, streets shall intersect at right angles. In no case shall the angle formed by the intersection of two (2) streets be less than seventy-five degrees (75). Intersections having more than four (4) corners shall be prohibited. Adequate land for future intersections and interchange construction needs shall be dedicated.
C. Tangents: A tangent of at least one hundred feet (100') shall be introduced between reverse curves on arterial and collector streets.
D. Deflections: When connecting street lines deflect from each other at one point by more than ten degrees (10), they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than five hundred feet (500') for arterials, three hundred feet (300') for collectors, and two hundred feet (200') for all other streets. The City Council may allow greater or lesser sight distances.
E. Street Intersection Offsets: Street intersection jogs with centerline offsets of less than one hundred fifty feet (150') shall be prohibited.
F. Centerline Gradients: All centerline gradients shall be at least thirty-five one- hundredths percent (0.35%) and shall not exceed the following:
1. Arterials and collector streets - six percent (6%).
2. Local streets and frontage roads - eight percent (8%).
G. Centerline Curvature: The minimum horizontal curvature of streets shall be in accordance with the MnDOT Highway Design Manual for the type of street and design speed. The minimum curvature shall be two hundred fifty feet (250') radius.
H. Access to Limited Access Highways: In the case where a proposed plat is adjacent to a limited access highway, there shall be no direct vehicular or pedestrian access from individual lots to such highways. As a general requirement, access to such limited access highways shall be at intervals of not less than one-half (1/2) mile and through existing and established crossroads where possible. Any such proposed access shall be subject to state or County approval as may be applicable as well as City approval.
I. Platting of Small Tracts: In the platting of small tracts of land fronting on a limited access highway where there is no convenient access to existing entrances and where access from such plat would be closer than one-half (1/2) mile from an existing access point, a temporary entrance permit may be granted. Provision shall be made in such plats for the connection of roads to neighboring land. As the neighboring land is platted and developed, and access becomes possible at a preferred location, such temporary entrance permits shall become void at the discretion of the City.
J. Half Streets: Half streets shall be prohibited except where it will be practical to require the dedication of the other half when the adjoining property is subdivided, in which case the dedication of a half street may be permitted. The probable length of time elapsing before dedication of the remainder shall be considered in this decision. No permanent street improvement shall be permitted within a half street right-of-way. All lots having frontage or access solely from a half street are prohibited from being eligible for building permits.
K. Dedication: All proposed streets shown on the plat shall be in conformity to City, County and State plans and standards and be offered for dedication as public streets unless otherwise determined by the City Council.
L. Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width shall be provided to meet the standards of this Chapter.
M. Additional right-of-way and roadway widths may be required by the Council to promote public safety and convenience when special conditions require it.
N. Restriction of Access: Access of local streets onto arterial and collector streets shall be discouraged at intervals of less than five hundred (500) feet.
O. Corner Radii: Roadways of street intersections shall be rounded by a radius of not less than twenty-five (25) feet. Corners at entrances to the turn-around portions of cul-de-sacs shall be rounded by a radius of not less than fifteen (15) feet.
P. Curb and Gutter: Curb and gutter may be included as a part of the required street surface improvement, when such improvement is recommended by the City Engineer and approved by the City Council.
Q. Street Designation: Names of all new streets shall be subject to City and County approval.
*R. Broken-back horizontal curves shall not be allowed. A broken-back curve is one in which a short tangent (less than 1,500 feet) is located between two curves in the same direction.
* Amended Ord. No. 1997-04, 7 January 1997
SECTION 1307.08 SEWAGE DISPOSAL
All on-site sewer systems, including the size and relative location of same, shall be in conformance with City, State and Federal requirements. When such requirements conflict, the most restrictive shall apply. In addition to those standards, the following requirements shall also apply unless in conflict with a more restrictive requirement referenced above:
A. The subdivision shall be subject to soil and percolation tests being made to determine whether or not the lot sizes proposed will meet minimum standards of health and sanitation due to limitations of soils as shown on existing soils maps. Such tests shall be made at the expense of the applicant and a sketch map shall be submitted with the preliminary plat to identify the specific locations where tests were made.
B. No cesspools or seepage pits shall be allowed.
C. The City may prohibit installation of sewage disposal facilities requiring soil absorption systems where such systems will not function due to high ground water, flooding, or unsuitable soil characteristics.
SECTION 1307.09 STORM DRAINAGE:
All subdivision design shall incorporate adequate provisions for stormwater runoff consistent with the provisions of Section 1216.04 of the Sunfish Lake Zoning Ordinance.
* SECTION 1307.10 EASEMENTS:
All easements shall be shown on the preliminary plat and shall be shown on the Certificate of Survey in the case of a minor subdivision. In the platting process, all easements shall be dedicated by appropriate language on the final plat as required by law and provisions of this Chapter. In the minor subdivision process, all easements shall be granted to the City by an easement document prepared by the City Attorney.
A. Drainage and Utility Easements: Easements of a minimum of ten (10) feet wide, centered on rear and other lot lines, shall be provided for drainage and for public and private utilities. Lot easements shall be a minimum of ten (10) feet when no easement exists on the adjoining parcels. When it is not practical to center easements, the fully required easement width may be required along one property line. Said easements shall have continuity of alignment from block to block. The easements, when approved, shall not thereafter be changed without the approval of the City Council pursuant to established City Code procedures, as may be amended.
* Amended Ord. No. 2011-03, May 3, 2011
B. Drainage: Easements shall be provided along each side of the centerline of any natural watercourse or drainage channel to a width sufficient to provide proper maintenance and protection and to provide for storm water runoff. Where necessary, drainage easements corresponding with lot lines shall be provided. Such easements for drainage purposes shall not be less than twenty (20) feet in width or a width equal to the required side yard setback established by the respective zoning district in which the property is located, whichever is least.
C. Sight: Sight easements beyond required zoning setback regulations may be required by the City and State Highway Department to protect major intersections on the street and highway system.
SECTION 1307.11 EROSION AND SEDIMENT CONTROL:
The following guidelines shall be applied in the subdivision:
A. The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion;
B. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. Appropriate control measures shall be installed prior to development when necessary to control erosion. The smallest practical area of land shall be exposed at any one period of time;
C. When soil is exposed, the exposure shall be for the shortest feasible period of time, as specified in the development agreements;
D. Where the topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the areas to be planted. The soil shall be restored to a minimum depth of four inches (4") or a depth as may be established by the City Engineer and shall be of a quality at least equal to the soil quality prior to development;
E. Natural vegetation shall be protected wherever possible;
F. As determined by the City Engineer, runoff water shall be diverted to a sedimentation basin before allowed to enter the natural drainage system. Storm water runoff from the developed site shall not, at any time, exceed the runoff rate existing prior to development except as may be approved by the City Council.
G. The City shall have the authority to remove the topsoil for its own purposes from all dedicated streets within its corporate boundaries. Said topsoil shall be utilized in the development project from which it is taken unless otherwise specified as part of a development agreement.
SECTION 1307.12 PROTECTED AREAS:
Where land proposed for subdivision is deemed environmentally sensitive by the City, due to the existence of wetlands, drainageways, watercourses, floodable areas, vegetation, or steep slopes, the design of said subdivision shall clearly reflect all necessary measures of protection to ensure against adverse environmental impact.
Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of outlots.
In general, measures of protection shall include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the applicant shall be required to demonstrate that the proposed design will not require construction on slopes over eighteen (18) percent, or result in significant alteration to the natural drainage system such that adverse impacts cannot be contained within the plat boundary.
SECTION 1307.13 MINIMUM DESIGN FEATURES:
The design features set forth in this Chapter are minimum requirements. The City may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided based upon site considerations and the Sunfish Lake Comprehensive Plan.
SECTION 1307.14 ZONING ORDINANCE CONSISTENCY:
Preliminary and final plats may only be approved if they are consistent with the City’s Zoning Ordinance. Preliminary plats may not be approved prior to adoption of any rezoning of other zoning ordinance changes necessary for final plat approval.
SECTION 1307.15 TREE PRESERVATION:
The following process for preserving significant trees shall be required of subdividers. Subdividers, however, are encouraged to preserve all established healthy trees even if the trees are less than six (6) inches in diameter.
a. Comply with all applicable landscape plan requirements outlined in Section 1218.03.B of the Sunfish Lake Zoning Ordinance.
b. Prepare a tree preservation plan which shall be incorporated on the grading plan.
c. Ensure the tree preservation plan is followed during the plan development (mass grading).
d. Submit a five hundred dollar ($500.00) security for the preparation of individual lot tree preservation plans for each mass graded lot with at least one significant tree to be saved and for each custom graded lot with at least one significant tree. The security will be included in the development contract.
2. The tree preservation plan shall be certified by a forester or landscape architect. The forester or landscape architect shall include on the plan the following items:
a.Mass graded areas.
b.Custom graded lots.
c. Size, species, and location of all significant trees.
d. Identification of all significant trees proposed to be saved and significant trees proposed to be removed.
e. Measures proposed to protect significant trees shall include but are not limited to:
(1) Marking with a red flag and installation of snow fencing or polyethylene laminar safety netting at the drip-line prior to excavation.
(2) Placing fill against the trunk of the tree, on the roof crown, and under the drip-line of the tree shall be prohibited.
(3) Installation of erosion control measures.
(4) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials such as fuels or paints.
(5) Pruning of oak trees shall not take place from April 15 through July 1. If wounding of oak trees occurs, a nontoxic tree wound dressing must be applied immediately. Excavators must have a nontoxic tree wound dressing with them on the development site.
3. The tree preservation plan shall be subject to review and approval by the City Forester.
4. The subdivider shall provide a financial guarantee as part of the development contract to ensure protection of all significant trees which were to have been saved but were actually destroyed or damaged. The subdivider shall provide a financial security for each mass graded lot with at least one significant tree to be saved and a financial security for each custom graded lot with at least one significant tree protection. The financial security, generally one thousand ($1,000.00) dollars per lot, shall be determined by the City Council based on the number and size of trees to be saved. The security will be included in the escrow deposit section of the development contract.
5. After the mass grading has been completed and streets and utilities installed, the forester or landscape architect shall:
a. Certify in writing to the city the tree preservation plan was followed.
b. Certify in writing to the City the tree protection measures were installed.
c. Indicate which significant trees proposed to be saved have been destroyed or damaged.
6. If a significant tree indicated to be saved on the tree preservation plan is destroyed or damaged, the City’s tree replacement requirements as outlined in Section 1307.15.D of this Ordinance shall be enforced.
7. The financial security shall be released upon: 1) certification in writing by the forester or landscape architect indicating the tree protection measures were installed on mass graded lots and tree replacement is completed, if necessary and/or 2) the builders have posted security for the custom graded lots. The location of the trees being replaced will be determined on the individual lot tree preservation plan.
B. Home Builders:
1. The City shall require an individual lot tree preservation plan prepared and incorporated on the required site survey for each custom graded lot with at least one significant tree. The plan shall be consistent with the original tree preservation plan for the plat. The homeowner, builder, and the forester or landscape architect shall meet prior to the development of the individual lot tree preservation plan to determine the placement of the home where the fewest significant trees would be destroyed or damaged. The builder shall be responsible for ensuring the tree preservation plan is followed during building construction.
On mass graded lots with at least one significant tree to be saved, builders shall follow the tree preservation plan for the plat.
2. The individual lot tree preservation plan shall be certified by a forester or landscape architect and signed by the homeowner. The forester or landscape architect shall indicate on the plan the following:
a. Size, species, and location of all significant trees.
b. Identification of all significant trees proposed to be saved and significant trees proposed to be removed.
c. Measures proposed to protect significant trees shall include but not limited to:
(1) Installation of snow fencing or polyethylene laminar safety netting placed at the drip-line.
(2) Placing fill against the trunk of the tree, on the root crown, and under the drip-line of the tree shall be prohibited.
(3) Installation of erosion control methods.
(4) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials such as fumes or paints.
(5) Pruning of oak trees shall not take place from April 15 through July 1. If wounding of oak trees occurs, a nontoxic tree wound dressing must be applied immediately. Excavators shall have a nontoxic tree wound dressing with them on the development site.
3. Home builders shall be required to furnish the following items for tree preservation at the time the building permit application is submitted for all lots with at least one significant tree:
a. Security of one thousand ($1,000.00) dollars per lot for tree protection requirements.
b. Certification from a forester or landscape architect indicating tree protection measures are installed.
c. Builders shall be liable for subcontractors which destroy or damage significant trees which were indicated to be saved on the individual lot tree preservation plan.
4. The City Forester shall monitor the tree protection measures at the time of routine inspections.
5. Prior to the issuance of a Certificate of Occupancy and release of tree preservation security, the forester or landscape architect shall certify to the City in writing that all the tree protection measures identified on the tree preservation plan were installed from the start of construction to the end of construction and tree replacement is completed, if necessary.
D. Tree Replacement Requirements: Subdividers and builders shall be required to replace the significant trees which were indicated on the tree preservation plan to be saved, but ultimately were destroyed or damaged. The subdivider and builder shall be required to replace each of the significant trees destroyed or damaged with two (2) replacement trees. Replacement trees shall consist of nursery stock and be no less than the following sizes:
1. Deciduous trees - no less than two (2) inches in diameter.
2.Coniferous trees - no less than six (6) feet high.
Replacement trees shall be species similar to the trees which were destroyed or damaged and can include those species shown on the following table:
AshGingko (male only)
Honey LocustKentucky Coffeetree
Coniferous Trees:FirEastern Hemlock
SpruceNorthern White Cedar
Replacement trees shall not be placed on easements or street rights-of-way. If tree replacement is required on the individual lot because the builder destroyed or damaged a tree which was to be saved, the forester or landscape architect shall determine where the replacement trees shall be installed.