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• Ch. 60 - Introductory Provisions
• Ch. 61 - Lot and Site Development Approval Procedures
• Ch. 62 - Zoning District Regulations
• Ch. 63 - Lot Development Standards
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• Ch. 65 - Nonconformities
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CHAPTER 61 - LOT AND SITE DEVELOPMENT APPROVAL PROCEDURES

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61.240 CONSTRUCTION PLANS:

Following approval of the Subdivision Permit, the applicant shall have prepared, by a professional engineer, registered in the State of Minnesota, construction plans, consisting of complete construction drawings and specifications of all easements, streets, traffic control devices, sanitary sewers, storm water facilities, water system facilities, sidewalks and other improvements required by this Land Development Manual.  Construction plans shall be submitted to the City Engineer for review and approval.
All improvements required pursuant to these regulations shall be constructed in accordance with the design standards and plan requirements of the Land Development Manual, the standards and specifications of the City, and, where applicable, the requirements and authorization of the appropriate state agency, utility company or local franchisee.

61.241 Application for Construction Plans:

Application for Construction Plans shall be consistent with the engineering standards adopted by Public Works in conjunction with the development of subdivisions.

61.242 Pulbic Agency Reviews:

The City Engineer shall review and act on all construction plan applications within 30 days of submittal.

61.243 Timing of Improvements:

Land clearance prior to development of a parcel is prohibited.  The owner of an undeveloped tract may remove not more than 10 percent of the trees or other vegetation on a site for the purpose of providing access for site survey and evaluation. This section precludes unauthorized land clearance and timber removal and is not intended to interfere with the normal management of landscaping.  Except as provided in this Section no grading, removal of trees or other vegetation, land filling, construction of improvements, or other material change shall commence on the subject property without written approval of the City Engineer until the applicant has:

1. Received the approval of the Construction Plans and all necessary permits from the Zoning Administrator and City Engineer;
2. Entered into a Development Agreement with the City or otherwise arranged for completion of all required improvements; or
3. Received approval of a grading permit pursuant to Section 61.150.

61.244 Modification of Construction Plans:

All installations of improvements and all construction shall conform to the approved construction plans.  If the applicant chooses to make minor modifications in design and/or specifications during construction, such changes shall be made at the applicant's own risk, but only with the written approval of the City Engineer.  It shall be the responsibility of the applicant to notify the City Engineer in advance of any changes to be made from the approved drawings.  In the event that actual construction work deviates from that shown on the approved construction plans and such deviation was not approved in advance by the City Engineer, the applicant may be required to correct the installed improvements to conform to the approved construction plans.  In addition, the City may take such other actions as may be deemed appropriate including, but not limited to, revocation of permits already issued and/or withholding of future approvals and permits.

61.245 Record Drawings:

Record drawings shall be consistent with the engineer’s standards adopted by Public Works in conjunction with the development of subdivisions.

61.246 Inspection and Acceptance of Improvements:

1. Inspection Required:  All improvements required by these regulations shall be inspected by the City Engineer, except as agreed to pursuant to an owner contract or development improvement agreement.  Improvements made under the jurisdiction of other City-approved public agencies, shall be inspected by engineers or inspectors of such agencies.  Where inspections are made by other agencies, the applicant shall provide the City Engineer with written reports of each final inspection.
2. Inspection Schedule:  It shall be the responsibility of the applicant to notify the City Engineer of the commencement of construction of improvements twenty-four (24) hours prior thereto.  Inspections shall be required at each of the following stages of construction or as otherwise determined through and owner contract or development improvement agreement:
   1. Site grading/erosion control completion.
   2. Underground utility installation.
   3. Subgrade preparation prior to aggregate base installation.
   4. Aggregate base compaction.
   5. Concrete curb and gutter installation.
   6. Bituminous binder placing.
   7. Final surfacing prior to seal coat.
3. Compliance with Standards:  Installation and construction of improvements shall be consistent with the engineering standards adopted by Public Works in conjunction with the development of subdivisions.
4. Acceptance:
   1. Approval of the installation and construction of improvements by the City Engineer shall constitute acceptance by the City of the improvement for dedication purposes.
   2. Except for the removal of snow from substantially completed streets, the City shall not have any responsibility with respect to any street, or other improvement, notwithstanding the use of the same by the public, unless the street or other improvements shall have been accepted.
   3. When improvements have been constructed in accordance with the requirements and conditions of these regulations and the specifications of the City, and the applicant has submitted as-built reproducibles to the City Engineer, the City Engineer shall accept the improvements for maintenance by the City, except that this shall not apply to improvements maintained by another entity.

61.247 Failure to Complete Improvements:

If a Development Agreement has been executed and security has been posted and required public improvements are not installed pursuant to the terms of the Agreement, the City may:

1. Declare the Agreement to be in default and require that all public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;
2. Obtain funds pursuant to the surety and complete the public improvements by itself or through a third party;
3. Assign its right to receive funds pursuant to the surety in whole or in part to any third party, including a subsequent owner of the subdivision or addition for whom the public improvements  were not constructed, in exchange for the subsequent owner's Agreement to complete the required public improvements; and/or  
4. Exercise any other rights available under the law.

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