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5 Code Amendment, Ch. 18 Subs.CITYOF C HASSEN 7700 ~,~'larKe~ Boulevard PC, Box 147 Cha!kas'~ r MIJ 55312 Administration Building Inspections R~,,ne: 952 22? !180 Fa'~: 9522221190 Engineering PI'or¥: 992 2271150 Fax: 952 2271 ]70 Finance Ph",n~': 952 2271140 %2 ~2,, ,11U Park & Recreation Pisone 952227 !129 Fax 9522271110 R(x' cation Oenter 2310 Cater Boulevard Ph ~ue: 9522271400 Fax 9522271404 Planning & Natural Resources Phon,: !}52 227 1130 Fax 952227 1!10 Poblic Works 159! Park Road Phone 952 2271300 k;x: 952227 13!0 Senior Center Phone 952227'! 125 Fax 952 227 1110 Web Sile , ! sharq,~laSSel rlxl ds MEMORANDUM TO: FROM: DATE: SUB J: Planning Commission Bob Generous, Senior Planner December 2, 2003 Code Amendment, Chapter 18, Subdivisions BACKGROUND The Planning Commission originally reviewed the draft amendment on March 4, 2003. The Park & Recreation Commission met in April to review the proposed trail and sidewalk criteria. Their only comment was to remove criteria for trails from the ordinance. Subsequently, City Council reviewed the draft changes this past summer. DISCUSSION Attached are the proposed revisions to Chapter 18 of the Chanhassen City Code in a strike through and bold format as well as the ordinance amending Chapter 18. Staff believes that the majority of the amendments are administrative in nature, clarifying submittal requirements and timing. The following areas generated additional issues at the previous Planning Commission and City Council discussions of the ordinance amendments: Section 18-57 streets. The Planning Commission wanted to require the maximum street width for minor arterial and local street pavement widths. Staff proposed using our existing detail plate pavement width. Section 18-61 (c) landscaping and tree preservation. The Planning Commission had wanted to void the application and make the applicant start over. Staff has prepared language halting the process to get revised plans, but not voiding the application. Section 18-61 (d) (4) landscaping and tree preservation. This item deals with the calculation of the amount of tree removal. Staff, at the direction of city council, has proposed using a square footage amount, rather than a building pad to estimate the area of tree removal for a subdivision. Alternately, we could state that the estimate should be that tree removal will occur within the first 105 feet of the lot. The City of Chanhassen ·~ ~'' :7o',/~, Iq COiT'llLh'nt',~ ¢,,;? ,;i¢~ iai(E, ]L~aiii~ :,dio6is i~ (:l~!lr~ il; ,~ . ? , ; [ ,' Chanhassen Planning Commission December 2, 2003 Page 2 Tree removal on wooded lots can be based on the amount of area generally removed in order to construct a house, deck and driveway. If a typical lot is taken into consideration (90 ft. wide, 30 ft. front yard setback), the removal area would be 80 ft. W x 105 ft. D or 8,400 sq. ft. That area takes into account the clearing of the front yard, 60 ft. depth for a house with a 10 ft. deck and 15 ft. around the foundation for construction equipment access. Past experience shows that most trees in the front and side yards are severely damaged and eventually killed by construction practices and at least 15 ft. around the foundation is needed for access to the building. There are examples in the city of residential lots where less trees were removed than stated above, but the majority of residential wooded lot examples show exactly those dimensions. Section 18-61 (d) (5) landscaping and tree preservation. Staff is recommending a financial penalty for the damage or removal of protected trees in addition to the replacement of the tree(s). Section 18-78 (b) (5) Required improvements. Staff had originally proposed that sidewalks be included on all local streets. The Planning Commission had previously agreed with the requirement. However, City Council was not comfortable with the blanket requirement and directed that staff develop criteria for the inclusion of sidewalks in a subdivision. Staff is recommending approval of the amendments. RECOMMENDATION Staff recommends that the Planning Commission approve the following motion: "The Chanhassen Planning Commission recommends approval of the ordinance amending Chapter 18 of the Chanhassen City Code." ATTACHMENT Ordinance Amending Chapter 18, Chanhassen City Code Code Amendments Chapter 18, Subdivisions CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 CHANHASSEN CITY CODE, SUBDIVISIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Chapter 18, Article I, Section 18-1 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 2. Section 18-39 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: After the pre-application consultation and at least twenty-eight (28) days prior to the meeting of the planning commission at which action is desired, the applicant may file with the city, an application for preliminary plat approval. The application shall be accompanied by copies of the plat in such number as required by the city, an eight and one-half-by-eleven-inch reduction of each sheet, proof of ownership satisfactory to the city, and a list of property owners within five hundred (500) feet of the property certified by an abstract company. The applicant shall pay the application fee established by city council resolution. All required data, documentation plans, copies and fees must be submitted before the application will be considered complete. Rejection of the plat by the city council, or abandonment or withdrawal of the proposed plat by the subdivider, shall not entitle the applicant to the return of all or any part of the application fee. Section 3. Section 18-39 (f) (7) c. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Lack of adequate sanitary sewer systems or no ISTS (individual sewage treatment system). Section 4. Section 18-40 (2) f. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Topographic data within the property to be subdivided and one hundred (100) feet beyond the property boundary, showing contours as follows: two foot intervals where slope is ten (10) percent or less; five foot intervals where slope is ten (10) to fifteen (15) percent; ten-foot intervals where slope is greater than fifteen (15) percent. All areas of the subdivision to be platted with a slope greater than twenty-five percent must be clearly indicated. However, on undevelopable sections or larger acre lots topographic data may be reduced to significant physical characteristics, such as top and toe of slope, if in the opinion of the city the area is viewed as unsuitable for future subdivision. Location and elevations of on-site and abutting water courses, lakes, wetlands, rivers, streams, and marshes at date of survey and their ordinary high water mark plus approximate high and normal water elevations shall also be shown. A wetland delineation report and surveyed wetland line for all jurisdictional wetlands on or within one hundred (100) feet of the property boundary. The delineation shall be no more than three (3) years old, unless accompanied by documentation demonstrating the delineation has been reviewed in the past three (3) years and is accurate or revised to reflect changes on-site. Flood plain areas, location of wooded areas, rocky outcrops, power transmission poles and lines and other significant physical features shall also be shown. Section 5. Section 18-40 (4) c. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: A drainage plan for the area indicating the direction and rate of natural storm water runoff and those unaltered areas where storm water collects and percolates into the ground. A proposed drainage plan for the developed site indicating the direction and rate of runoff, the path of all storm water discharge to the public storm water infrastructure and those areas where storm water will collect and percolate into the ground shall also be included. Storm water management shall be consistent with the city's surface water management plan. Section 6. Section 18-41 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Unless otherwise provided in the development contract for phased development, within one (1) year after the date of the city council approval of the preliminary plat, the subdivider shall file an application for approval of the final plat. In addition to the application the subdivider shall submit: (1) Copies of the plat in such quantities as is required by the city; (2) Two (2) mylar copies of the plat; (3) One (1) two hundred (200) scale copy of the plat. (4) I"=200' scale mylar reductions of the final plat with just street names and lot and block numbers.digital copy in .dxf format (the .dxf file must be tied to the cmTent county coordinate system) and a digital copy in .tif format of the final plat shall be submitted. If the final plat application is not filed within this period, the preliminary plat will be considered void unless for good cause shown an extension is requested in writing by the subdivider and granted by the city council prior to the one-year anniversary date of the preliminary plat approval. The application for final plat approval shall be filed at least twenty-one (21) days prior to the meeting of the city council at which action is desired. (b) The final plat shall conform to the requirements of this chapter and to all conditions set forth in the approval of the preliminary plat as modified during final plat approval. (c) The city council shall review the final plat and shall approve or disapprove it within sixty (60) days of receipt of the completed application. (d) No final plat shall be approved by the city council until the plat is in a form acceptable for recording with the county, the proper filing fees have been paid to the city, a development contract has been signed, appropriate security has been furnished, and no other payments to the city related to the development are outstanding. (e) Upon approval of the final plat by the city council, the city shall notify the applicant of the approval and within thirty (30) days thereafter, the applicant or the city attorney shall file the final plat with the county recorder and furnish the city evidence of such recording. Failure of the applicant to comply shall be cause for revoking the city's approval. The developer shall pay the city a fee established by city council resolution to reimburse the city for the cost of updating the city's base maps and geographic information systems (GIS) data base files and converting the plat and record drawings into an electronic format. Section 7. Section 18-56 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The proposed subdivision shall conform to the comprehensive plan, the design standards, and Chapter 20 of this Code. The design standards set forth in this article 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. Section 8. Section 18-57 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: b) Street right-of-way widths shall be consistent with the comprehensive plan and official map, and shall conform to county and state standards for trunk highways. If no such plans or standards are applicable, right-of-way and pavement widths shall not be less than the following: Street IClassifications IMinor arterial ICollector Right-of-Way Widths (feet) 100 80 IRoadway/Pavement Width (feet) Local street (rural residential) 60 24 Local street (urban residential) 60 31 Local street 60 (commercial/industrial) 6O Cul-de-sac, turnaround radius (urban/residential) 36 45.5 :Cul-de-sac, turnaround 60 40 radius(rural residential) !Cul-de-sac, turnaround 60 48 radius(commercial/industrial) Private Street (Residential Serving 30 20 A-2, RR, RSF, R-4) Private Street (Residential Serving 40 24 R-8, R-12, R-16) Private Street 40 26 (commercial/industrial) Section 9. Section 18-61 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Required landscaping/residential subdivision. Each lot shall be provided with a minimum of one (1) deciduous tree to be placed in the front yard. The type of tree shall be subject to city approval. Coniferous trees must be at least six (6) feet high and deciduous trees must be at least two and one-half (21/2) inches in diameter at the time of installation. This requirement may be waived by the city where the applicant can demonstrate that a suitable tree having a minimum diameter of two and one-half (21/2) inches for deciduous and six-foot height for evergreen is located in an appropriate location on the lot. The following trees may be used to meet planting requirements: Scientific Name Deciduous Trees Common Name Acer saccharum Maple, Sugar or hard Carya ovata Shagbark Hickory Celtis occidentalis Hackberry Juglans nigra Black Walnut Quercus rubra Oak, Red Quercus alba Oak, White Quercus bicolor Oak, Bicolor Quercus macrocarpa Oak, Bur Tilia americatta Linden, American 4 Acer rubrum spp. Maple, Red, all varieties Acer xfreemanii, spp. Maple, Freeman, all varieties Acer saccoharinum 'Silver Queen' Maple, Silver Queen Aesculus glabra Ohio Buckeye Betula nigra Birch, River Betula papyrifera Birch, paper Betula pendula 'Dalecarlica' Birch, cut leaf weeping Catalpa speciosa Northern Catalpa Fraxinus spp. Ash, all varieties Ginkgo biloba Ginkgo Gleditsia triacanthos inermis, spp. Honeylocust, thornless - all varieties Gymnocladus dioicus Coffeetree, Kentucky Tilia spp. Linden, all varieties Uhnus spp. ELM, DED-resistant varieties Ornamental Acer ginnala Maple, Amur Amelanchier spp. Serviceberry or Juneberry Crataegus spp. Hawthorn, all varieties Malus spp. Crabapple, assorted flowering-Varieties, Ostrya virginiana Ironwood Populus tremuloides Aspen Sorbus spp. Ash, Mountain, all varieties Phellodendron arnurense Amur Corktree Prunus cerasifera 'Newport' Plum, Newport Prunus triloba Plum, flowering or Rose Tree of China Prunus virginiana 'Schubert' Chokeberry, Schubert Syringa reticulata Lilac, Japanese tree Conifers Abies balsamea Fir, Balsam Abies concolor Fir, Concolor Larix laricina Tamarack Picea abies Spruce, Norway Picea glauca Spruce, White Picea glauca densata Spruce, Black Hills ?icea pungens Spruce, Colorado Green Pinus nigra Pine, Austrian Pinus ponderosa Pine, Ponderosa Pinus resinosa Pine, Norway Pinus strobus Pine, White Pinus sylvestris Pine, Scotch Pseudotsuga menziesii Fir, Douglas Thuja occidentalis Arborvitae Thuja occidentalis 'Techny' Techny Arborvitae (2) The tree(s) must be installed prior to receiving a certificate of occupancy or financial guarantees acceptable to the city must be provided to ensure timely installation. (3) All areas disturbed by site grading and/or construction must be seeded or sodded immediately upon completion of work to minimize erosion. When certificates of occupancy are requested prior to the satisfaction of this requirement, financial guarantees acceptable to the city, must be provided. (4) No dead trees or uprooted stumps shall remain after development. On-site burial or burning is not permitted. (5) Landscaped buffers around the exterior of the subdivision shall be required by the city when the plat is contiguous with collector or arterial streets as defined in the comprehensive plan and where the plat is adjacent to more intensive land uses. Required buffering shall consist of berms and landscape material consisting of a mix of trees and shrubs and/or tree preservation areas. No fences will be permitted between the required buffer and the collector or arterial street. Where appropriate, the city may require additional lot depth and area on lots containing the buffer so that it can be adequately accommodated and the homes protected from impacts. Lot depths and areas may be increased by twenty-five (25) percent over zoning district standards. The landscape plan must be developed with the preliminary and final plat submittals for city approval. Appropriate financial guarantees acceptable to the city shall be required. (b) It is the policy of the city to preserve natural woodland areas throughout the city and with respect to specific site development to retain as far as practical, substantial tree stands which can be incorporated into the overall landscape plan. (c) No tree removal shall be permitted except as approved in a subdivision, planned unit development or site plan application. Removal of trees prior to city approval will result in the issuance of a citation. The cleared area shall be replanted at a rate of two (2) times the DBH inches (DBH means diameter measured at breast height, 4.5 feet above the ground) of trees removed, if known, or one (1) tree per 1,089 square feet of replacement area with the required replacement area calculated at 1.5 times the canopy coverage area that was removed. Additionally, the development review process shall be halted and the developer shall be required to resubmit revised existing site condition and tree inventory plans and new landscaping plans incorporating the additional planting requirements. (d) The following standards shall be used in evaluating subdivisions and site plans: (1) It is a policy of the City of Chanhassen to protect the integrity of the natural environment through the preservation, protection, and planting of trees. The city finds that trees provide many benefits including: stabilization of the soil by the prevention of erosion and sedimentation, reduction of storm water runoff and the costs associated therewith, improvement of air quality, reduction of noise pollution, control of urban heat island effect, protection and increase of property values, protection of privacy, energy conservation through natural insulation, control of drainage and restoration of denuded soil subsequent to construction and grading, protection from severe weather, providing habitat for birds and other wildlife, conservation and enhancement of city's physical and aesthetic environment, reforestation of open lands, and general protection and enhancement of the quality of life and general welfare of the city. It is therefore the purpose of this section to provide regulations related to the cutting, removal, or killing of trees on construction and development sites and to ensure the protection and preservation of the natural environment and beauty of the City of Chanhassen. (2) Prior to the submittal of development plans, a tree survey of the site shall be prepared by a registered landscape architect, licensed forester, or other professional approved by the city. This survey shall include the species, DBH size (DBH means diameter measured at breast height, 4.5 feet above the ground), condition, location of all, trees over six inches in diameter and any damaged or diseased trees on site. All significant special, damaged or diseased trees shall be tagged and identified by number on the survey. A delineation of the existing canopy coverage area(s) which outlines all areas covered by tree canopy shall be included as part of the survey. Additionally, all damaged and diseased trees shall be cataloged with the nature and extent of any damage or disease specified. Based on this survey and either site observation and measurement or a current aerial photograph (taken within one (1) year of the date of plan submittal) interpretation, the following shall be calculated: 1. Base line canopy coverage. 2. Minimum canopy coverage requirements. The following table shall be used to determine the minimum amount of canopy coverage that must be maintained or provided on-site as part of the development. It shall represent the minimum canopy coverage, consisting of existing tree canopy and/or additional trees required for the site. Existing wetland areas located on site shall be excluded from the calculation of site area in the determination of site coverage. If a forested area is to be dedicated to the city for park land, then this area shall not be included in the base line canopy coverage area calculation nor shall it count towards the minimum canopy coverage for the site. Base Line Canopy Coverage Per Acre Comprehensive Plan Designation 80-- 60--79% 40--59% 20--39% 19% or 100% less Commercial/industrial/institutional 28% 25% 20% 14% 10% High density residential 35% 30% 25% 20% 15% Medium density residential 40% 35% 30% 25% 20% Low density residential 55% 46% 35% 30% 25% Large lot residential 68% 56% 43% 35% 25% Base line canopy coverage is the canopy coverage existing at the time the development application is filed with the city. Minimum canopy coverage is determined by using the matrix. Priority shall be given to retaining stands of trees and undisturbed wooded lands over individual specimen trees that will be incorporated into the development. No more than ten (10) percent of the canopy retention requirement may be met by an individual tree that is not included within a designated woodland area. For developments that do not meet the minimum canopy coverage, the developer shall be required to develop a forestation plan to bring the total canopy coverage up to the minimum requirement. Where existing woodlands are removed or there is a loss of trees that would otherwise be used to meet the canopy coverage retention requirement, the developer shall develop a woodland replacement plan. The replacement plan must designate an area at least one and two-tenths (1.2) times the removed canopy coverage area that shall be planted with replacement trees for those removed. These plans shall locate additional trees either as a continuation of existing stands of trees that are to be preserved or create new stands of trees in desirable locations such as along roadway corridors, on the north and west perimeters of the development, in common open areas, or adjacent to park facilities. The following criteria shall be followed in establishing minimum canopy coverage: 1. When planting trees, one (1) tree shall be deemed to provide one thousand eighty-nine (1,089) square feet of required canopy coverage; 2. Trees must be from the approved list of desirable species (preference given for trees designated as native); 3. No more than one-third (1/3) of the trees may be from any one (1) tree species; 4. Trees shall average at least two-and-one-half-inch caliper and may be a minimum of one-and-one-half-inch caliper; 5. Not less than twenty (20) percent of the trees shall be conifers; 6. Conifer trees shall average seven (7) feet and shall be a minimum of six (6) feet in height; 7. Plant materials used for the reforestation shall be of a similar species as vegetation found on site; 8. Trees shall be used that are appropriate to the soil conditions found on site; and 9. Trees shall be from certified nursery stock as defined and controlled by Minnesota Statute sections 18.44 through 18.61, the Plant Pest Act. (3) In order to calculate the tree removal area on the lot, the applicant must estimate 8,400 square feet of tree removal area per lot. (4) Minimizing the tree loss should be achieved by any combination of the following: a. Realignment of streets, utilities and lot lines. b. Consideration of alternative utility configurations such as the use of ejector pumps, force mains, or revised home elevations to minimize grading. c. Reductions in roadway width and right-of-way and increase in street grade up to ten (10) percent when the applicant can demonstrate that significant tree preservation is directly related to the modification. d. Use of private streets in lieu of public streets. e. Variation in street radius and design speed. f. Modified grading plans. g. Within PUDs, the city council may consider waiving minimum lot area requirements and/or density transfers as long as it can be demonstrated by the applicant, that tree preservation can be enhanced. In no case shall overall project densities exceed what is allowed by the Comprehensive Plan. The greater the level of preservation, the greater flexibility will be considered by the city. h. Within PUDs, variations to building setback lines provided a minimum twenty (20) foot building separation is maintained between buildings on adjacent lots. The setback variations shall be established and recorded as part of the plat approval. (5) (6) (7) (8) (9) Trees designated for preservation shall be protected by snow fences with clearly marked signage specifying that the area is off limits for construction activities, or other means acceptable to the city, prior to land preparation or construction activities. Protective barriers in locations determined by the city must remain in place until all construction activities are terminated. No equipment, chemicals, soil deposits, or construction materials shall be placed within the protective barriers. All understory trees and natural vegetation should be preserved within the boundaries of the protective areas. Where this protection area cannot be maintained or would otherwise render lots undevelopable, an alternate protection, mitigation or tree replacement plan may be considered and approved by the city. This plan may include the use of retaining walls, installation of aeration systems, requirement for post construction deep root fertilization and soil aeration, or construction vehicle ramp systems. Failure to properly protect trees during construction will result in a fine of $100.00 per diameter inch of tree(s) harmed, removed or destroyed. At the city's discretion, conservation easements may be required to protect designated tree preservation areas. Such easements shall be permanently marked and signed as a conservation area with low profile monumentation acceptable to the city. A monument is required for each three hundred (300) linear feet of tree conservation area. Within designated woodland areas, the city shall encourage the use of indigenous grasses and plant species to more closely resemble a natural area. Home owners associations shall be responsible for the maintenance of vegetation in common areas. Individual property owners shall be responsible for the maintenance of vegetation on their property. The planting of trees in excess of those required by this ordinance is permitted within the designated woodland area. During the removal process, trees shall be removed so as to prevent blocking of public rights-of-way or interfering with overhead utility lines. The removal of diseased and damaged trees is permissible only if they cannot be saved. These trees shall not be counted when computing the base line tree canopy coverage. If any protected significant trees are removed or killed or there is a loss of trees as the result of construction activities, the city requires replacement at the rate of two (2) diameter inches per each inch of DBH of the removed, killed, or lost trees. The replacement trees shall be at least two and a half (21/2) inches diameter and will be species that conform to the List of Desirable Tree Species for Planting in Chanhassen. No more than one-third (1/.~) of the trees may be from any one (1) tree species. Other species or sizes may be used as replacement trees subject to approval by the city. Alternately, at the city's discretion, if a developer removes trees within a protected area, the canopy coverage area shall be calculated for that area and a replacement area one and one-half (1.5) times the canopy coverage area that was removed shall be 10 planted. One tree shall be planted for each one thousand eighty-nine (1,089) square feet of required replacement area. Trees shall be from the list of desirable tree species, no more than one-third (1/3) of trees from any one (1) tree species, average two-and-one-half-inch diameter with a minimum one-and-one-half-inch diameter, a similar species as vegetation existing on site, and appropriate to the soil conditions. Any replacement trees that cannot be planted on the original site due to space restrictions shall be planted on city property at locations to be determined by the city. (10)Financial guarantees acceptable to the city shall be required to ensure satisfactory installation of landscaping requirements. Section 10. Section 18-78 (b) (5) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Sidewalks may be required. The following criteria shall be used in determining if sidewalks are to be included in a development: a. Sidewalks that connect to existing sidewalks. b. Sidewalks that connect neighborhoods to schools, parks and neighborhood commercial areas. c. Sidewalks that connect neighborhoods to existing and proposed trails as shown in the City of Chanhassen Comprehensive plan. Section 11. Section 18-79 (f) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Land area conveyed or dedicated to the city shall not be used in calculating density requirements of chapter 20 and shall be in addition to and not in lieu of open space requirements for planned unit developments. Section 12. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2004, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 11 Chapter 18, Subdivisions CODE AMENDMENTS 12/27/02 2/20/03 3/13/03 11/18/03 Sec. 18-1. Definitions. All definitions shall be consolidated in chapter 1. Wetland delineation means a boundary between jurisdictional wetland and nonwetland based on the 1987 Corps of Engineers Wetlands Delineation Manual. Acceptable wetland delineations shall be no more than three (3) years old, unless accompanied by documentation demonstrating: 1. The delineation has been reviewed in the past three (3) years by a person trained and experienced in the application of the 1987 Corps of Engineers Wetlands Delineation Manual; and 2. That the delineation is still accurate or has been revised to reflect existing site conditions. Wetland delineation report means a report containing a brief site narrative, maps of the site and all pertinent data sheets that document the establishment of a wetland delineation. *This definition is necessary in order to specify what constitutes an acceptable wetland delineation report. Definitions shall be incorporated in Chapter 1. Sec. 18-39. Preliminary plat - Generally. (a) After the preapplication consultation and at least ~ twenty-eight (28) days prior to the meeting of the planning commission at which action is desired, the applicant may file with the city, an application for preliminary plat approval. The application shall be accompanied by copies of the plat in such number as required by the city, an eight and one-half-by-eleven-inch transparency reduction of each sheet, proof of ownership satisfactory to the city, and a list of property owners within five hundred (500) feet of the property certified by an abstract company. The applicant shall pay the application fee established by city council resolution. All required data, documentation plans, copies and fees must be submitted before the application will be considered complete. Rejection of the plat by the city council, or abandonment or withdrawal of the proposed plat by the subdivider, shall not entitle the applicant to the return of all or any part of the application fee. *Submittal of preliminary plats 21 days prior to the Planning Commission date does not provide sufficient time to notice the plat, nor distribute items for comments. The current practice is to have submittal deadlines a month prior to the Planning Commission date. (f) The findings necessary for city council approval of the preliminary plat and the final plat shall be as follows: (1) The proposed subdivision is consistent with the zoning ordinance; (2 The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; (3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; (4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; (5) The proposed subdivision will not cause environmental damage; (6) The proposed subdivision will not conflict with easements of record. (7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of dedicated and improved public streets. c. Lack of adequate sanitary sewer systems and not ISTS (individual sewer treatment system). d. Lack of adequate off-site public improvements or support systems. *This is a MCC recommendation. Sanitary sewer is requiredfor all suburban style development. ISTS may be permitted in appropriate large lot developments and as permitted in section 20-906. Sec. 18-40. Same--Data required. (2) f. Topographic data within the property to be subdivided and one hundred (100) feet beyond the property boundary, showing contours as follows: two foot intervals where slope is ten (10) percent or less; five foot intervals where slope is ten (10) to fifteen (15) percent; ten-foot intervals where slope is greater than fifteen (15) percent. All areas of the subdivision to be platted with a slope greater than twenty-five percent must be clearly indicated. However, on undevelopable sections or larger acre lots topographic data may be reduced to significant physical characteristics, such as top and toe of slope, if in the opinion of the city the area is viewed as unsuitable for future subdivision. Location and elevations of on-site and abutting water courses, lakes, wetlands, rivers, streams, and marshes at date of survey and their ordinary high water mark plus approximate high and Iow normal water elevations shall also be shown. A wetland delineation report and surveyed wetland line for all jurisdictional wetlands on or within one hundred (100) feet of the property boundary. The delineation shall be no more than three (3) years old, unless accompanied by documentation demonstrating the delineation has been reviewed in the past three (3) years and is accurate or revised to reflect changes on-site. Where the subdivision (2) ';s Flood plain areas, location of wooded areas, rocky outcrops, power transmission poles and lines and other significant physical features shall also be shown. *The change is to make this rule consistent with the information required_for storm water ponds The second change will ensure that staff has an adequate amount of time in which to review the wetland delineation prior to final review of the subdivision. Inclusion of the wetland delineation is _for clarification purposes, since these reports are required of subdivisions. The requirement for a meander line two feet above the recorded high water elevation is unnecessary.(7~8~03) (4) c. A drainage plan for the area indicating the direction and rate of natural storm water runoff and those unaltered areas where storm water collects and percolates into the ground. A proposed drainage plan for the developed site indicating the direction and rate of runoff, the path of all storm water discharge to the public storm water infrastructure and those areas where storm water will collect and percolate into the ground shall also be included. Storm water management shall be consistent with the city's ste,..-'m surface water management plan. *The first change will ensure that staff is able to evaluate any inconsistencies in data or problems that may occur as a result of a subdivision's discharge through adjacent properties. The second change will make the language consistent with the language used throughout the rest of the city code(7/9/03) Sec. 18-41. Final Plat (a) Unless otherwise provided in the development contract for phased development, within one (1) year after the date of the city council approval of the preliminary plat, the subdivider shall file an application for approval of the final plat. In addition to the application the subdivider shall submit: (1) Copies of the plat in such quantities as is required by the city; (2) Two (2) mylar copies of the plat; (3) One (1) two hundred (200) scale copy of the plat. (4) 1"=200' scale mylar reductions of the final plat with just street names and lot and block numbers.digital copy in .dxf format (the .dxf file must be tied to the current county coordinate system) and a digital copy in .tif format (pdf compatible) of the final plat shall be submitted. If the final plat application is not filed within this period, the preliminary plat will be considered void unless for good cause shown an extension is requested in writing by the subdivider and granted by the city council prior to the one-year anniversary date of the preliminary plat approval. The application for final plat approval shall be filed at least ~ twenty-one (21) days prior to the meeting of the city council at which action is desired. (b) The final plat shall conform to the requirements of this chapter and to all conditions set forth in the approval of the preliminary plat as modified during final plat approval. (c) The city council shall review the final plat and shall approve or disapprove it within sixty (60) days of receipt of the completed application. (d) No final plat shall be approved by the city council until the plat is in a form acceptable for recording with the county, the proper filing fees have been paid to the city, a development contract has been signed, appropriate security has been furnished, and no other payments to the city related to the development are outstanding. (e) Upon approval of the final plat by the city council, the city shall notify the applicant of the approval and within thirty (30) days thereafter, the applicant or the city attorney shall file the final plat with the county recorder and furnish the city evidence of such recording. Failure of the applicant to comply shall be cause for revoking the city's approval. f) The developer shall pay the city a fee established by city council resolution to reimburse the city for the cost of updating the city's base maps and geographic information systems (GIS) data base files and converting the plat and record drawings into an electronic format. *This sentence lists the deadline for submitting a final plat_tbr Council approval as 14 days prior to the Council meeting. Engineering staff has always used a three week (21 day) minimum for submitting a final plat prior to the Council meeting that it will be considered. This is a more realistic deadline to ensure that staff has sufficient time to process the final plat report, development contract, administration fee calculation, etc. The city requires the 1 "=200' scale mylar reductions of the final plat with iust street names and lot and block numbers for addressing purposes. To facilitate the updating of the geographic in{brmation system, GIS, the city is requiring that plats be included in electronic format. Sec. 18-56. Generally. 4 The proposed subdivision shall conform to the comprehensive plan, zaning erdinance and design 5andbe, a~,: standards, and Chapter 20 of this Code. The design features set forth in this article 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. *MCC recommendation. Sec. 18-57, Streets. Subsection b: b) Street right-of-way widths shall be consistent with the comprehensive plan and official map, and shall conform to county and state standards for trunk highways. If no such plans or standards are applicable, right-of-way and pavement widths shall not be less than the following: Street Classifications Minor arterial Collector Local street (rural residential) Local street (urban residential) Local street commercial/industrial) Cul-de-sac, turnaround radius (urban/residential) Cul-de-sac, turnaround radius(rural residential) Cul-de-sac, turnaround radius(commercial/industrial) Private Street (Residential Serving A-2, RR, RSF, R-4) Private Street (Residential Serving R-8, R-12, R-16) Right-of-Way Roadway/Pavement Widths (feet) Width (feet) 100 36 m-44 80 36 60 24 60 28 te 32 31 60 36 60 4-2 45.5 60 40 60 48 30 20 [0 40 24 Private Street ;0 40 26 (commercial/industrial) * The table lists the allowable pavement widths for minor arterial streets as 36-44 {bet. The Planning Commission recotnmends that the minimum roadwale width ./'or minor arterials be 44 feet and the minimum local street width be 32 feet. Engineering staff[ has used a standard street width of 36 feet for minor arterial streets. In addition, the City's standard detail plate for urban streets only shows a 36-foot wide street. The table lists the allowable pavement widths for local (urban) streets as 28-32 feet. Engineering staff has used a standard street width of 31 feet for local (urban) streets. In addition, the City's standard detail plate for urban streets only shows a 31-foot wide street. Engineering would like to eliminate the range and have 36 feet as the only listed pavement width for minor arterials and 31 feet as the listed width for local urban streets. Ifa range of street widths is allowed, engineering believes that developers will undoubtedly choose to build the least costly option, i.e., a 28-foot wide street. This is in direct conflict with what the City's standard has been in the past. To avoid confusion, staff believes there should be one standard street width. Any deviation from the standard would be approved as part of the subdivision review process as conditions warrant. Section 18-56 (o) (7) requires a 40 foot easement for multifamily and commercial industrial private streets. Sec. 18-61. Landscaping and tree preservation requirements. fa) Required landscaping/residential subdivision. (1) Each lot shall be provided with a minimum of one (1) deciduous tree to be placed in the front yard. The type of tree shall be subject to city approval. (Th '~* ..... ;n .....;,~ ~ ~;o, ~e ....;~o~ Coniferous trees must be at least six (6) feet high and deciduous trees must be at least two and one-half (2~/2) inches in diameter at the time of installation. This requirement may be waived by the city where the applicant can demonstrate that a suitable tree having a minimum diameter of two and one-half (2~/2) inches for deciduous and six- foot height for evergreen and four (q) ~==,,~, ~=~,~ .... ,h,,~ ....... o-~.,~a is located in an appropriate location on the lot. The following trees may be used to meet planting requirements: *This distinction is confusing and unnecessary. Deciduous added for clarication purposes. The landscaping is provided as part of the landscaping plan for the project. The ordinance contains the list of species. (7/15/03) ........ j ~, ......... Common Name Deciduous Trees Acer saccharum Maple, Sugar or hard Carya ovata Shagbark Hickory Celtis occidentalis Hackberry Juglans nigra Black Walnut Quercus rubra Oak, Red Quercus alba Oak, White 6 Quercus bicolor Oak, Bicolor Quercus macrocarpa Oak, Bur Robinia Fze~doacacia ._.~.~,~rn~v .~.~o,r Tilia americana Linden, American ph ............... Map?, ~'~ ...... t ...... plr ............ 'Emcra'!d [ ~' .... c ~zF!c, E'"crr'~'z ~'[~F ,~1.,~ ...... ;.I .... 'q.~[ ....... ]I.,~~ ,~ .... I., q.~l ....... II..~ t~''' ............... '~ ...... ~" ........ ~'1 ............... ' ........ Acer rubrum spp. Maple, Red, all vadeties Acer ~ ~reemg~ii, spp. M~ple, Freeman, ~1l Acer s~cceh~rin~m 'Silver ~een' M~ple, Silver AescM~s glabr~ Ohio Bet~l~ ~igra Birch, River BetMa papyri~er~ Birch, p~per Bet, l~ pend, l~ 'D~lecarlica' Birch, c~t C~I~Ip~ xpeciosa I Northern Cat~lp~ Fr~xin,s ' '; ' a:nc~,c~:na spp. Ash, ~4qdtc aH varieties Ginkgo biloba Ginkgo Gleditsia triacanthos inermis, spp. Honeylocust, thornless - all varieties Gymnocladus dioicus Coffeetree, Kentucky Tilia spp. Linden, all vaHeties Ulmus spp. ELM, DED-resistant varieties Ornamental Acer ginnala Maple, Amur Amelanchier spp. Se~iceber~ or Juneber~ Crataegus spp. Hawthorne, all varieties Malus (various xFeciex)spp. Crabapple, assorted flowering-Varieties~ Ost~a ~irginiana Ironwood Populus tremuloides I Ax~e~ Sorbus sp~. Asi, Mountain, ~11 ~aNeties Phellodendron amurense Amur Corktree Prunus cerasifera 'Newport' Plum, Newport Prunus triloba Plum, flowering or Roxe Tree of China Prunus virginiana 'Schubert' Chokeber~, Schubert~ Syringa reliculata Lilac, ~apanese tree Abies balsamea Fir, Balsam Abies concolor Fir, Concolor Tamarack Larix laricina Picea abies Spruce, Norway Picea glauca Spruce, White Picea glauca densata Spruce, Black Hills Picea pungens Spruce, Colorado Green Pine, Austrian Pinus nigra Pinus ponderosa Pine, Ponderosa Pinus resinosa Pine, Norway Pinus strobus Pine, White Pinus sylvestris Pine, Scotch Pseudotsuga menziesii Fir, Douglas Thuja occidentalis Arborvitae Thuja occidentalis 'Techny' Techny Arborvitae *Changes denote spelling corrections and clarification of species. Deletions include redundant mentions and poor selections. (2) The tree(s) must be installed prior to receiving a certificate of occupancy or financial guarantees acceptable to the city must be provided to ensure timely installation. *Grammatical correction. (3) All areas disturbed by site grading and/or construction must be seeded or sodded immediately upon completion of work to minimize erosion. When certificates of occupancy are requested prior to the satisfaction of this requirement, financial guarantees acceptable to the city, must be provided. (4) No dead trees or uprooted stumps shall remain after development. On-site burial or burning is not permitted. *Burning organic waste, such as wood, is a waste of resources. A variety of other disposal options are available. Landscaped buffers around the exterior of the subdivision shall be required by the city when the plat is contiguous with collector or arterial streets as defined in the comprehensive plan and where the plat is adjacent to more intensive land uses. Required buffering shall consist of berms and landscape material consisting of a mix of trees and shrubs and/or tree preservation areas. No fences will be permitted between the required buffer and the collector or arterial street. Where appropriate, the city may require additional lot depth and area on lots containing the buffer so that it can be adequately accommodated and the homes protected from impacts. Lot depths and areas may be increased by twenty-five (25) percent over zoning district standards. The landscape plan must be developed with the preliminary and final plat submittals for city approval. Appropriate financial guarantees acceptable to the city shall be required. (b) It is the policy of the city to preserve natural woodland areas throughout the city and with respect to specific site development to retain as far as practical, substantial tree stands which can be incorporated into the overall landscape plan. (c) No clearcutting ~f ':,'e, adlan~ areas tree removal shall be permitted except as approved in a subdivision, planned unit development or site plan application. Removal of trees prior to city approval will result in the issuance of a citation. The cleared area shall be replanted at a rate of two (2) times the DBH inches (DBH means diameter measured at breast height, 4.5 feet above the ground) of trees removed, if known, or one (1) tree per 1,089 square feet of replacement area with the required replacement area calculated at 1.5 times the canopy coverage area that was removed. Additionally, the development review process shall be halted and the developer shall be required to resubmit revised existing site condition and tree inventory plans and new landscaping plans incorporating the additional planting requirements. *There have been several cases in which a developer has begun clearing before final approval. This is a problem in case the subdivision isn't approved by the city. The Planning Commission has previously stated that it would like to make the application void and have the developer restart the process. Sta[f has added the language that the development review process be halted and the developer resubmit plans recognizing the changed conditions. Our concern is that the review deadline may be exceeded. The City Attorney's o.[fice concurred with stall's concern. (d) (l) The following standards shall be used in evaluating subdivisions and site plans: It is a policy of the City of Chanhassen to protect the integrity of the natural environment through the preservation, protection, and planting of trees. The city finds that trees provide many benefits including: stabilization of the soil by the prevention of erosion and sedimentation, reduction of storm water runoff and the costs associated therewith, improvement of air quality, reduction of noise pollution, control of urban heat island effect, protection and increase of property values, protection of privacy, energy conservation through natural insulation, control of drainage and restoration of denuded soil subsequent to construction and grading, protection from severe weather, providing habitat for birds and other wildlife, conservation and enhancement of city's physical and aesthetic environment, reforestation of open lands, and 10 (2) general protection and enhancement of the quality of life and general welfare of the city. It is therefore the purpose of this section to provide regulations related to the cutting, removal, or killing of trees on construction and development sites and to ensure the protection and preservation of the natural environment and beauty of the City of Chanhassen. Prior to the submittal of development plans, a tree survey of the site shall be prepared by a registered landscape architect, licensed forester, or other professional approved by the city. This survey shall include the species, DBH size (DBH means diameter measured at breast height, 4.5 feet above the ground), condition, location of all ~ ~-;~ .... ~"~ o.~ .......... , or ..... , trees over six inches in diameter and any damaged or diseased trees on site. All significant special, damaged or diseased trees shall be tagged and identified by number on the survey. A delineation of the existing canopy coverage area(s) which outlines all areas covered by tree canopy shall be included as part of the survey. Additionally, all damaged and diseased trees shall be cataloged with the nature and extent of any damage or disease specified. *Locating all trees over six inches in diameter is consistent with the survey requirements ,for building permits. a. Based on this survey and either site observation and measurement or a current aerial photograph (taken within one (1) year of the date of plan submittal) interpretation, the following shall be calculated: 1. Base line canopy coverage. 2. Minimum canopy coverage requirements. The following table shall be used to determine the minimum amount of canopy coverage that must be maintained or provided on-site as part of the development. It shall represent the minimum canopy coverage, consisting of existing tree canopy and/or additional trees required for the site. Existing wetland areas located on site shall be excluded from the calculation of site area in the determination of site coverage. If a forested area is to be dedicated to the city for park land, then this area shall not be included in the base line canopy coverage area calculation nor shall it eoumy count towards the minimum canopy coverage for the site. Base Line Canopy Coverage Per Acre Comprehensive Plan Designation 80-- 60--79% 40--59% 20--39% 19% or 100% less Commercial/industrial/institutional 28% 25% 20% 14% 10% High density residential 35% 30% 25% 20% 15% Medium density residential 40% 35% 30% 25% 20% Low density residential 55% 46% 35% 30% 25% Large lot residential 68% 56% 43% 35% 25% 11 Base line canopy coverage is the canopy coverage existing at the time the development application is filed with the city. Minimum canopy coverage is determined by using the matrix. Priority shall be given to retaining stands of trees and undisturbed wooded lands over individual specimen trees that will be incorporated into the development. No more than ten (10) percent of the canopy retention requirement may be met by an individual tree that is not included within a designated woodland area. For developments that do not meet the minimum canopy coverage, the developer shall be required to develop a forestation plan to bring the total canopy coverage up to the minimum requirement. Where existing woodlands are removed or there is a loss of trees that would otherwise be used to meet the canopy coverage retention requirement, the developer shall develop a woodland replacement plan. The replacement plan must designate an area at least one and two-tenths (1.2) times the removed canopy coverage area that shall be planted with replacement trees for those removed. These plans shall locate additional trees either as a continuation of existing stands of trees that are to be preserved or create new stands of trees in desirable locations such as along roadway corridors, on the north and west perimeters of the development, in common open areas, or adjacent to park facilities. The following criteria shall be followed in establishing minimum canopy coverage: 1. When planting trees, one (1) tree shall be deemed to provide one thousand eighty-nine (1,089) square feet of required canopy coverage; 2. Trees must be from the approved list of desirable species (preference given for trees designated as native); 3. No more than one-third (~/3) of the trees may be from any one (1) tree species; 4. Trees shall average at least two-and-one-half-inch caliper and may be a minimum of one-and-one-half-inch caliper; 5. Not less than twenty (20) percent of the trees shall be conifers; 6. Conifer trees shall average seven (7) feet and shall be a minimum of six (6) feet in height; 7. Plant materials used for the reforestation shall be of a similar species as vegetation found on site; 8. Trees shall be used that are appropriate to the soil conditions found on site; and 9. Trees shall be from certified nursery stock as defined and controlled by Minnesota Statute sections 18.44 through 18.61, the Plant Pest Act. 12 C. ooa 011 ............ 1~ ........................... f. Location or. all v.~'~"~-,"~, ~ fencing; * The Woodland Management Plan does not facilitate improved forestry tnanagement procedures or increased awareness of building in wooded areas. It has not served the purpose intended and should be eliminated. (4) .................. ' ........ t~o ex:st on each lot by describing a s~xty foot ~-'~2 .... o;~,.,,j ~,.~, ~,,;~m~,,,o .... ~.~ (which includes deck area) without intruding into ..... ;~ o~,~0~.o a.~ easements. In order to calculate the tree removal area on the lot, the applicant must estimate 8,400 square feet of tree removal area per lot. ................ - ...... ~-*~ a .... : ..... ~ .... : ............ s ......... average * Grading and tree removal is usually misrepresented and underestimated on wooded lots. This change would help minimize that problem. The intent is to recognize that the tree impact area extends beyond the actual building. Tl~. ,~ ,~,.,~,.c:c'~" ,~.r'" acccmmodatcx t~c,. (5) Minimizing the tree loss should be achieved by any combination of the following: a. Realignment of streets, utilities and lot lines. b. Consideration of alternative utility configurations such as the use of ejector pumps, force mains, or revised home elevations to minimize grading. c. Reductions in stTee4: roadway width and right-of~way and increase in street grade up to ten (10) percent when the applicant can demonstrate that significant tree preservation is directly related to the modification. d. Use of private dr-i-yes streets in lieu of public streets. e. Variation in street radius and design speed. f. Modified grading plans. g. Within PUDs, the city council may consider waiving minimum lot area requirements and/or density transfers as long as it can be demonstrated by the applicant, that tree preservation can be enhanced. In no case shall overall project densities exceed what is allowed by the Comprehensive Plan. The greater the level of preservation, the greater flexibility will be considered by the city. 13 (6) h. Within PUDs, variations to building setback lines provided a minimum twenty (20) foot building separation is maintained between buildings on adjacent lots. The setback variations shall be established and recorded as part of the plat approval. Trees designated for preservation shall be protected by snow fences with clearly marked signage specifying that the area is off limits for construction activities, or other means acceptable to the city, prior to land preparation or construction activities. Protective barriers in locations determined by the city must Joeqoc-ated .,,,,~"' ~-,,,~, ...... ~.,~a -.~,o~' remain in place until all construction activities are terminated. No equipment, chemicals, soil deposits, or construction materials shall be placed within the protective barriers. All understory trees and natural vegetation should be preserved within the boundaries of the protective areas. Where this protection area cannot be maintained or would otherwise render lots undevelopable, an alternate protection, mitigation or tree replacement plan may be considered and approved by the city. This plan may include the use of retaining walls, installation of aeration systems, requirement for post construction deep root fertilization and soil aeration, or construction vehicle ramp systems. Failure to properly protect trees during construction will result in a fine of $500 $100.00 per diameter inch of tree(s) harmed, removed or destroyed. *It is unreasonable to require tree protection fencing located 12x the diameter of the tree. This generally makes wooded lots unbuildable. Tree protection should be required, but it's location should be field located at each site. While the city may be serious about protecting trees during construction, many developers and builders are not. A penalty Jbr failing to protect trees is needed to quickly and effectively remedy the situation. Staff had originally proposed $500 per diamenter inch. City Council felt that this was too ornerous and not fair or equitable. There is a d(fference between whether trees are removed accidentially or purposely, and proving the difference would be very difficult if not impossible. Staff reviewed the City of Plymouths requirement which is $100 per diameter inch and is proposing that amount as part of the code. (7) (8) At the city's discretion, conservation easements may be required to protect designated tree preservation areas. Such easements shall be permanently marked and signed as a conservation area with low profile monumentation acceptable to the city. A monument is required for each three hundred (300) linear feet of tree conservation area. Within designated woodland areas, the city shall encourage the use of indigenous grasses and plant species to more closely resemble a natural area. Home owners associations shall be responsible for the maintenance of vegetation in common areas. Individual property owners shall be responsible for the maintenance of vegetation on their property. The planting of trees in excess of those required by this ordinance is permitted within the designated woodland area. During the removal process, trees shall be removed so as to prevent blocking of public rights-of-way or interfering with overhead utility lines. 14 (9) (1o) (11) The removal of diseased and damaged trees is permissible only if they cannot be saved. These trees shall not be counted when computing the base line tree canopy coverage. If any protected significant trees are removed or killed or there is a loss of trees as the result of construction activities, the city requires replacement at the rate of two (2) ~ diameter inches per each inch of DBH of the removed, killed, or lost trees. The replacement trees shall be at least two and a half (21/2) inches ~ diameter and will be species that conform to the List of Desirable Tree Species for Planting in Chanhassen. No more than one-third (1/3) of the trees may be from any one (1) tree species. Other species or sizes may be used as replacement trees subject to approval by the city. Alternately, at the city's discretion, if a developer removes trees within a protected area, the canopy coverage area shall be calculated for that area and a replacement area one and one-half (1.5) times the canopy coverage area that was removed shall be planted. One tree shall be planted for each one thousand eighty-nine (i,089) square feet of required replacement area. Trees shall be from the list of desirable tree species, no more than one-third (1/3) of trees from any one (1) tree species, average two-and-one-half-inch ~ diameter with a minimum one-and-one-half-inch c-ahp~ diameter, a similar species as vegetation existing on site, and appropriate to the soil conditions. Any replacement trees that cannot be planted on the original site due to space restrictions shall be planted on city property at locations to be determined by the city. with this section. Financial guarantees acceptable to the city shall be required to ensure satisfactory installation of landscaping requirements. *The city only requires guarantee of the landscaping installation. Stating it twice was redundant. Sec. 18-63. Surface water management. (b) In accordance with the city's surface water management plan as a condition of subdivision approval, subdividers shall pay a water quality and water quantity connection charge. The charge shall be based upon the gross area of the subdivision less the area to be dedicated to the city for ponding, parks and wetland, and right-of-way for state highways, county roads, and local arterial roadways. The subdivision will be given a credit for any on site stormwater improvement which has been oversized to serve property outside the subdivision. The charge for lots oversized due to individual on site sewage disposal and water systems will be reduced to the charge that would be imposed on a one-half (1/2) acre lot. An additional charge will then be imposed if the lot is further subdivided less a credit for the charge previously paid. The charge shall be paid in cash before the subdivision is approved by the city unless the city and subdivider agree that the charge may be assessed against the property. Property being subdivided 15 shall be exempt from the water quality and water quantity connection charges imposed by this section if the charges were paid or assessed in conjunction with a previous subdivision of the property and if the property is not being zoned to a classification with a higher charge. ~vn ....... , ,,F,n:o ~n ..... n,,, n~ *This change will allow the charge to be ad/usted automatically based on changes to a standard cost index. A change is state statute requires adoption of most fees by ordinance. The City has incorporated all the fees in Chapter 4. Inclusion of language such as this would be appropriately located in Chapter 4. Sec. 18-78. Required improvements. Subsection(b) (5) (5) · -- Sidewalks ma)' shall be required on at least one side of all Local streets. The following criteria shall be used in determining if sidewalks are to be included in a development: a. Sidewalks that connect to existing sidewalks. b. Sidewalks that connect neighborhoods to schools, parks and neighborhood commercial areas. c. Sidewalks that connect neighborhoods to existing and proposed trails as shown in the City of Chanhassen Comprehensive plan. * Staff is proposing that standards be established for sidewalks and trails. The Planning Commission recommended that sidewalks be mandatorT. The Parks and Recreation Commission recommends that references to trails be deleted. City Council did not want to require sidewalks outright, but rather~ develop criteria to determine when sidewalks should be included in a development. Sec. 18-79. Park land dedication requirements. 16 (f) Land area conveyed or dedicated to the city shall not be used in calculating density requirements of ~t,~.,,~ ,-,~J~:' ..... ~-,....,r,; .... ,~,~.,,,~,.,,,~'~; ..... chapter 20 and shall be in addition to and not in lieu of open space requirements for planned unit developments. *MCC recommendation. Minnesota Statutes 462.358 Procedure to effect plan: subdivision regulations. Subdivision 1. Repealed, 1980 c 566 s 35 Subd. la. Authority. To protect and promote the public health, safety, and general welfare, to provide for the orderly, economic, and safe development of land, to preserve agricultural lands, to promote the availability of housing affordable to persons and families of all income levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities, a municipality may by ordinance adopt subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions. The regulations may contain varied provisions respecting, and be made applicable only to, certain classes or kinds of subdivisions. The regulations shall be uniform for each class or kind of subdivision. A municipality may by resolution extend the application of its subdivision regulations to unincorporated territory located within two miles of its limits in any direction but not in a town which has adopted subdivision regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the subdivision of land equal distance from its boundaries within this area. Subd. 2. Repealed, 1980 c 566 s 35 Subd. 2a. Terms of regulations. The standards and requirements in the regulations may address without limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and design of sites; access to solar energy; and the protection and conservation of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features. The regulations shall require that subdivisions be consistent with the municipality's official map if one exists and its zoning ordinance, and may require consistency with other official controls and the comprehensive plan. The regulations may prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent with the comprehensive plan and the purposes of this section, particularly the preservation of agricultural lands. The regulations may prohibit, restrict or control 17 development for the purpose of protecting and assuring access to direct sunlight for solar energy systems. The regulations may prohibit the issuance of permits or approvals for any tracts, lots, or parcels for which required subdivision approval has not been obtained. The regulations may permit the municipality to condition its approval on the construction and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit, certified check, irrevocable letter of credit, or bond in an amount and with surety and conditions sufficient to assure the municipality that the utilities and improvements will be constructed or installed according to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to improvements made by a subdivider or a subdivider's contractor. The regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval. The municipality may enforce such agreements and conditions by appropriate legal and equitable remedies. Subd. 2b. Dedication. The regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. In addition, the regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, recreational facilities as defined and outlined in section 471.191, playgrounds, trails, wetlands, or open space; provided that (a) the municipality may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision, and (d) the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision. 18