HomeMy WebLinkAbout13.B.1. Draft Agreement, Text Amendments and Revisions to the Design Criteria-Res. No. 6804, 6805-Ord. No. 805
13. B, I ~
CITY OF SHAKOPEE
Memorandum
CASE NO.: 08-039
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
Joe Swentek, Project Engineer
SUBJECT: Draft Developer's Agreement, Text Amendments and Revisions to the Design
Criteria
MEETING DATE: September 2, 2008
REVIEW PERIOD: Proposal initiated by City staff
INTRODUCTION
Over the past several months, City staff has been working on revising the developer's agreement that is
utilized upon approval of final plats. Prior to implementation of the draft developer's agreement, the City
Council must review and approve the document. In addition to reviewing the draft document, the revision of
the Developers Agreement requires that certain amendments be made to City Code Chapter 12, Subdivision
Regulations and to the City's Design Criteria to provide consistency between the documents.
Please find attached to this memo I) Exhibit A, a copy of the draft developer's agreement; 2)Exhibit B, the
proposed revisions to Chapter 12, Subdivision Regulations; and 3) Exhibit C, the proposed revisions to the
design criteria. The Planning Commission reviewed the proposed text amendments to Chapter 12 and has
recommended approval of those text amendments. (Planning Commission review of the draft developer's
agreement and changes to the Design Criteria are not required.)
DISCUSSION
A sub-committee of city staff members and SPUC representatives was created to review the City's current
developer's agreement and propose changes and/or updates to the document. The underlying rationale for
this effort was that this relatively slow development period is an opportune time to undertake these changes
to better position the city for future development. The final draft of the document was then reviewed by the
City's Development Review Committee (DRC). Comments have been received from the DRC and changes
have been included in the draft agreement. The developer's agreement has also been reviewed and
commented on by the city attorney.
The following is a list of the significant changes proposed to the developer's agreement:
1. Park & trail amenities have been added to the list of Plan A Improvements. The City will collect
securities/fees related to park and trail amenities, design, etc.
2. The City will collect a sealcoating charge prior to recording of the Final Plat.
3. Options for providing financial security to the City would now include only cash or certified letter of
credit.
4. As part of the final plat the developer must provide a record copy Landscape Plan.
5. Construction of street improvements, sanitary sewer improvements, storm sewer improvements,
water distribution system improvements, other utilities, public or private improvements or
construction of any buildings shall not be permitted until such time as the final plat has been
recorded and the developer's agreement has been executed (including payment of fees and/or
securities and approval of construction plans by City and SPUC).
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6. Only one model building permit will be issued prior to the recording of the Final Plat. Following the
recording of the final plat and submittal of an Operations Record Plan (as defined in the City's
Design Criteria and the SPUC Water Policy Manual), additional building permits may be issued.
7. Because of the greater federal, state, and watershed district requirements, erosion and sediment
control requirements have been increased. For example, the developer will be responsible for
weekly street sweeping of all streets within the subdivision and no building permits will be issued
until the developer has installed City approved erosion and sediment control measures behind all
curb and gutter.
8. The Engineering Department and SPUC will make available a CD that will outline and/or provide
examples of all the information needed to develop within the City.
Because of the changes that are proposed to the developer's agreement format, several changes are necessary
to the City Code and the Design Criteria to ensure consistency between these documents and the Developer's
Agreement. The attached Exhibits Band C are the proposed changes to City Code and the Design Criteria.
Underlined provisions are proposed for addition and struektbrough provisions are proposed for deletion.
RELATIONSHIP TO CITY GOALS
The proposed action relates to goal D.
ALTERNATIVES
1. Approve the draft developer's agreement as presented.
2. Approve the draft developer's agreement with revisions.
3. Deny the draft developer's agreement.
4. Approve the text amendments as presented.
5. Approve the text amendments with revisions.
6. Deny the text amendments.
7. Approve the changes to the design criteria as presented.
8. Approve the changes to the design criteria with revisions.
9. Deny the changes to the design criteria.
10, Table action on this item and direct staff to prepare additional information.
STAFF RECOMMENDATION
Staff recommends Alternative Nos. 1,4, and 7, approval of the draft developer's agreement, approval of the
text amendments, and approval of the design criteria, as presented.
ACTION REOUESTED
Approve Resolution No. 6804, A Resolution Adopting a Developer's Agreement Template,
Resolution No. 6805, A Resolution Adopting Design Criteria, and Ordinance No. 805, An
Ordinance Amending Chapter 12, as presented, and move its adoption.
h:\cc\2008\09-02\08039 txt amend developers agreement.doc
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RESOLUTION NO. 6805
A Resolution Adopting Design Criteria
For Chapter 12 Of The City Code, Subdivision Regulations
WHEREAS, the Shakopee City Council adopted Ordinance No. 557, an ordinance
replacing Chapter 12, Subdivision Regulations on September 21, 1999; and
WHEREAS, the Shakopee City Council passed Resolution No. 6041 revising the Design
Criteria for Chapter 12 of the City Code on May 4,2004; and
WHEREAS, the Shakopee City Council passed Resolution No. 6391 revising the Design
Criteria for Chapter 12 ofthe City Code on April 4, 2006; and
WHEREAS, the Subdivision Regulations refer to adopted Design Criteria for the
installation of public improvements; and
WHEREAS, the City Council now desires to revise the City of Shakopee's Design Criteria
to reflect revisions to the City of Shako pee's Developer's Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA: that it hereby approves and adopts the revised Design Criteria,
a copy of which is attached hereto for use with Chapter 12 of the City Code, Subdivision
Regulations.
BE IT FURTHER RESOLVED: that copies of the Design Criteria shall be kept in the
office of the City Engineer and open for reference at all times during normal business hours.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of , 2008.
Mayor of the City of Shakopee
ATTEST:
City Clerk
ENGR/EF/PPENNINGTONlCOUNClURES6805
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RESOLUTION NO. 6804
A RESOLUTION OF THE CITY OF SHAKOPEE ADOPTING A DEVELOPER'S
AGREEMENT TEMPLATE
WHEREAS, the City of Shakopee utilizes a template Developer's Agreement when
preparing and entering into Developer's Agreements following final plat approvals; and
WHEREAS, the current template was adopted by the City Council in 1978; and
WHEREAS, the City has prepared a revised and updated template that more accurately
reflects the needs of the City and current, generally accepted municipal practices associated with
developer's agreements; and
WHEREAS, the City Council desires to implement the new Developer's Agreement
template for any Developer's Agreements to be entered into from this date forward.
NOW THEREFORE BE IT RESOLVED, that the Developer's Agreement template
attached as Exhibit A shall be utilized for all Developer's Agreements entered into from this date
forward.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of ,2008.
Mayor of the City of Shakopee
ATTEST:
City Clerk
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EXHIBIT A
DRAFT DEVELOPERS AGREEMENT
The space above is reserved for recordinQ purposes
SHAKOJPJEJE
COMMuNnYPRIDES1NCEIW
CITY OF SHAKOPEE
SCOTT COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into on MONTH DATE. YEAR, by and
between the City of Shakopee, a municipal corporation organized under the laws of the State
of Minnesota ("City") and DEVELOPER'S NAME ("Developer").
RECITALS
(1) The Developer has made application to the City Council for approval of a plat of
land within the corporate limits of the City described as follows: SUBDIVISION NAME
("Subdivision"); and
(2) The City Council, by Resolution No. NUMBER adopted on MONTH DATE.
YEAR, has granted conditional approval to the Subdivision on the condition that the
Developer enter into this Agreement to provide for the installation of street, sanitary sewer,
storm sewer, water and other public improvements.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
conditions contained in this Agreement, the City and the Developer agree as follows:
1. DEFINITIONS. The following terms as used in this agreement have the meanings stated:
(A) "Site Grading Improvements" - the furnishing and the installation of all
temporary and permanent erosion control measures, bringing the site up to the proposed
finished grade, per City approved plans and general and supplemental conditions received
from the City, with materials deemed acceptable by the City Engineer or assigns, providing
topsoil per City requirements, applying seed, mulch and/or sod per City/National Pollutant
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Discharge Elimination System (NPDES) requirements and providing a record "as-built"
plan/drawing per the most recent edition of the City of Shakopee Design Criteria (as shown
on the approved plans on file in the office of the City Engineer).
(8) "Street Improvements" - subgrade preparation, right-of-way grading and/or
berm construction, the furnishing and the installation of all class 5 aggregate base, concrete
curb and gutter, permanent surfacing, signage, concrete sidewalks, bituminous trails and all
other appurtenant facilities (as shown on the approved plans on file in the office of the City
Engineer).
(C) "Sanitary Sewer Improvements" - the furnishing and the installation of all
sanitary sewer pipes, manholes, lift stations and all other appurtenant sanitary sewer facilities
(as shown on the approved plans on file in the office of the City Engineer).
(D) "Storm Sewer Improvements" - the furnishing and the installation of all storm
sewer pipes, catch basins, pondslbasins, inlets and all other appurtenant storm facilities (as
shown on the approved plans on file in the office of the City Engineer).
(E) 'Water Di$tribution System Improvements" - the furnishing and the installation
of all watermain pipes, valves, fire hydrants and all other appurtenant watermain facilities (as
shown on the approved plans on file in the office of Shakopee Public Utilities).
(F) "Signage" - the furnishing and installation of all required street signs and traffic
signs, conservation and wetland signage/monumentation, wetland easement
signage/monumentation and all required park and open space signage/monumentation.
(G) "Street Lighting Improvements" - the furnishing and the installation of all street
lighting including poles,arms, lamps, fixtures, conduit, underground wiring, transformers,
pedestals and any other appurtenant street lighting facilities (as shown on the Approved
plans on file in the office of the City Engineer).
(H) "Landscaping" - the furnishing and the installation of all required berms,
fences, walls, trees, shrubs, seed, sod and other appurtenant items (as shown on the
approved plans on file in the office of the City Engineer).
(I) "Park and Trail Amenities" - the furnishing and installation of all required
amenities for recreational use per the approved plat, including but not limited to playground
and fitness equipment, surfacing, border, signage, accessible routes, landscaping, site
furniture including benches, tables, drinking fountains, fencing and structures such as
bridges, picnic shelters and gazebos.
2. OWNERSHIP WARRANTY OF DEVELOPER. The Developer warrants and represents
to the City as inducement to the City's entering into this Agreement, that Developer's interest
in the Subdivision is:
Fee Owner: X
Contract for Deed Purchaser: X
Other (Specify): X
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If developer is a Contract for Deed Purchaser, indicate Fee Owner.
FEE OWNER
FEE OWNER ADDRESS
3. DESIGNATION OF IMPROVEMENTS. Improvements to be installed at Developer's
expense by the Developer are referred to as "Plan A Improvements". Improvements that the
Developer has petitioned the City to install and finance on a cash and assessment basis are
referred to as "Plan B Improvements".
4. PLAN A IMPROVEMENTS. The Developer will construct and install at Developer's
expense the following improvements under Plan A according to the following terms and
conditions and the General and Special Conditions on file with the City Engineer.
Description of Plan A Improvements
(A) Site grading improvements;
(B) Street improvements;
(C) Sanitary sewer improvements;
(D) Water distribution system improvements;
(E) Storm sewer improvements;
(F) Signage;
(G) Street lighting Improvements;
(H) Landscaping;
(I) Park and Trail Amenities
(J) OTHER.
5. PLAN A IMPROVEMENTS.
(A) Construction Plans and Specifications and Approval Thereof. The Developer
will engage, at Developer's expense, a duly licensed professional civil engineer authorized to
practice within the State of Minnesota to prepare detailed plans, specifications, and a cost
. estimate for the complete installation of all Plan A Improvements, in accordance with the
most recent editions of the City of Shakopee Design Criteria and the City of Shakopee
General Specifications and Standard Detail Plates For Street & Utility Construction and the
Shakopee Public Utilities Commission (SPUC) Water Policy Manual and submit them to the
City Engineer and to the SPUC Utilities Manager for written approval prior to commencement
of construction.
The Developer must submit the appropriate grading plan, specifications,
storm water management plan, erosion and sediment control plan and Storm Water
Pollution Prevention Plan (SWPPP) to the City Engineer for approval for each phase of the
project. Before any construction is commenced within that phase, the plans and
specifications must be approved by the City Engineer and copies of all required permits
must be provided to the City Engineer. After the City Engineer has approved the plans,
any changes to the plans must be resubmitted to the City Engineer for approval. No
changes may be made without written approval from the City Engineer. The Developer
must comply with any erosion and sediment control method required by the City for the
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prevention of damage to adjacent property, for prevention of damage to downstream storm
sewer systems and for the control of surface water runoff.
The Developer, the Developer's contractors and subcontractors must
submit drawings to the City Engineer outlining all proposed haul routes for the import or
export of soil, construction material, construction equipment or construction debris, or any
other purpose. All haul routes must be approved in writing by the City Engineer.
The Developer must furnish to the City and to SPUC street and utility plans
and specifications for approval for each phase of construction. Before any construction is
commenced within that phase, the plans and specifications must be approved by the City
Engineer and the SPUC Utilities Manager, and copies of all required permits must be
provided to the City Engineer and to SPUC. After the City Engineer and SPUC have
approved the plans, no changes may be made without written approval from the
appropriate authority.
(8) Developer's Security. Simultaneously with submitting an executed copy of this
Agreement to the City, the Developer must submit to the City either cash or a certified letter
of credit approved by the City Attorney, made payable to the City upon which the City may
draw, in an amount equal to 125% of the total estimated Plan A project costs as approved by
the City Engineer. The City may draw against the cash or certified letter of credit as provided
in this Agreement.
The Developer must also submit to the City either cash or a certified letter of
credit approved by the City Attorney, made payable to the City in an amount equal to 125%
of the estimated costs for construction of all erosion control measures and site restoration or
$1,OOO.OO/disturbed acre, whichever is higher as approved by the City Engineer. The City
may draw against the said cash or certified letter of credit as provided in this Agreement.
Any cash paid by the Developer to the City will bear interest for each year at a
rate equal to one percent (1 %) below the average interest rate (rounded to the nearest
quarter) on the investments held by the City on December 31 st of the respective year. . The
interest will accrue until the deposit is used by the City to install uncompleted improvements.
The deposit plus all accrued interest will be used to pay for the installation of any
uncompleted improvements and any excess in the deposit will be returned to the Developer.
If the City determines that the improvements need not be installed or upon the Developer
installing the improvements, the deposit plus all accrued interest will be returned to the
Developer.
(C) RiQht to Proceed with Construction. Within the Subdivision, the Developer
must not construct site grading improvements or otherwise disturb the earth or remove trees
until all the following conditions have been satisfied: (1) preliminary plat approval has been
obtained from the City Council; (2) the necessary security and applicable fees have been
received by the City; (3) all required grading plans, storm water management plans, erosion
and sediment control plans, SWPPP's and specifications have been approved by the City
Engineer or assigns; and (4) the City Engineer or assigns has issued a grading permit.
Within the Subdivision, the Developer must not construct street improvements,
sanitary sewer improvements, storm sewer improvements, water distribution system
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improvements, public or private improvements, nor any buildings until all the following
conditions have been satisfied: (1) this agreement has been fully executed by both parties
and filed with the City Clerk; (2) the necessary security and all applicable fees have been
received by the City; (3) all required plans and specifications have been approved by the
City Engineer and the SPUC Utilities Manager; (4) the plat has been recorded with the
County Recorder's Office or Registrar of Title's Office of Scott County.
(D) Timino of Performance. The Developer must complete all site grading
improvements required for the Subdivision in one phase prior to MONTH DATE. YEAR.
The Developer must install all Plan A Improvements required for the
Subdivision except for the wear course on public streets by MONTH DATE. YEAR. The final
wear course on all public streets must be installed between August 1st and September 1st of
the first summer after the base course has been in place for one (1) freeze-thaw cycle. The
Developer may, however, request an extension of time from the City Engineer. If an
extension is granted, it will be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date. Any extension of the
date for final wear course placement must have the written approval of the City Engineer.
(E) Completion of Street Liohtino Improvements. For purposes of releasing this
Agreement and issuing a certificate of occupancy (conditional or permanent), the City will
consider the Street Lighting Improvements complete if the developer has entered into an
agreement with the utility provider and paid any amount required by them.
(F) Construction Observation. The City will, at the Developer's expense, have one
or more construction observers and a soil engineer observe the work on a full or part-time
basis. The Developer must also provide a qualified engineer to perform site inspections on a
daily basis. The engineer's qualifications must be submitted in writing to the City Engineer.
The Developer must instruct its project engineer/inspector to respond to questions from the
City observer(s) and to make periodic site visits to verify the construction is being performed
to an acceptable level of quality in accordance with the engineer's design. The Developer or
his engIo~er must schedule a preconstruction meeting at a mutually agreeable time with all.
parties concerned, including City staff, to review the program for the improvements.
(G) Administrative and Technical Costs. The Developer agrees to pay the City
engineering fees, landscape architect fees and construction observation fees for the project.
These fees are set forth in the City's annual fee schedule. All engineering and landscape
architect administration and construction observation fees must be paid to the City prior to
recording the final plat.
(H) Trunk Charaes and Lateral Charoes. The Developer agrees to pay the City the
applicable City trunk charges and lateral charges. Those charges are set forth in the City's
annual fee schedule. All trunk charges and lateral charges must be paid to the City prior to
recording the final plat.
(I) Sealcoating Charoe. The Developer agrees to pay the City for costs
associated with the first bituminous seal coat on all bituminous paved streets as set forth in
the City's annual fee schedule. All sealcoating charges must be paid to the City prior to
recording the final plat.
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(J) Construction of Plan A Improvements.
(1 ) Construction. The Developer must furnish. materials and equipment,
construct and install all proposed improvements and conduct all operations in accordance
with the most recent editions of the City's General Specifications and Standard Detail Plates
for Street and Utility Construction, the City's Design Criteria, the City's Comprehensive
Water Resource Management Plan, the City's SWPPP, SPUC's Water Policy Manual, City
standards, City Policies, City ordinances, all general and supplemental conditions received
from the City, the approved plans and specifications. For street lighting improvements, the
Developer must furnish materials and equipment and construct and install the proposed
improvements in accordance with the Street Lighting Agreement adopted jointly by the City
and SPUC.
(2) Easements. The Developer must grant or cause to be granted to the
City, at no cost to the City, all permanent or temporary easements necessary for the
installation and maintenance of the Plan A Improvements.
(3) Insurance. The Developer will provide or the Developer will cause each
person with whom the Developer contracts for the construction of any Plan A Improvement to
furnish to the City the Contractor's Insurance Certificates as specified in Article S.G.C.5 of the
Supplementary General Conditions of the General Specifications and Standard Detail Plates
for Street & Utility Construction. No construction must commence until the City Clerk
receives the insurance certificates with the City listed as additional insured, including a
cancellation clause providing the City with thirty (30) days written notice, and the certificates
are approved by the City Attorney.
(4) GradinQ and Erosion and Sediment Control. The grading required for
the Subdivision must be in compliance with the approved Tree Management Plan, as
required per Section 11.60, Subdivision 9 of the City Code.
Prior to any grading operations commencing and before any utility
construction commencing or building permits being issued, the Developer must identify, in
writing to the City Engineer, a responsible party and schedule for erosion and sediment
control inspection and maintenance, street cleaning, and weekly street sweeping.
Prior to grading operations commencing and before any street and utility
construction commencing or building permits being issued, all erosion and sediment control
measures must be installed, inspected, and approved by the City Engineer or assigns. The
City Engineer or assigns may impose additional erosion and sediment control requirements if
they would be beneficial.
All areas disturbed by the excavation and backfilling operations must be
reseeded forthwith after the completion of the work in that area. Except as otherwise
provided in the City approved plans, seed must be certified seed to provide temporary
ground cover as rapidly as possible. All seeded areas must be fertilized, mulched, and disc
anchored as necessary for seed retention.
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The parties recognize that time is of the essence in erosion and
sediment control. If the Developer does not comply with the requirements set forth in this
Agreement, the City may take such action as it deems appropriate to control erosion and
sediment transport at the Developer's expense. The City Engineer or assigns will endeavor
to notify the Developer in advance of any proposed action, but failure to do so will not affect
the Developer's and City's rights or obligations. No development will be allowed and no
building permits will be issued unless the Subdivision is in full compliance with all erosion and
sediment control requirements.
Erosion and sediment control measures must be maintained until turf is /
established on all areas disturbed as a result of development/construction. After the site has
been stabilized to where, in the opinion of the City Engineer or assigns, there is no longer a
need for erosion and sediment control, they will authorize the removal of the erosion and
sediment control measures, Le. hay bales and silt fence. The Developer must properly
remove and dispose of the erosion and sediment control measures. The Developer is
responsible for ensuring that all contractors, homebuilders, home purchasers and other
parties involved in the development/construction of the Subdivision are notified of this
responsibility.
The Developer is responsible for regular erosion and sediment control
inspection and maintenance or work as deemed necessary by the City Engineer or assigns
until turf is established on all areas disturbed as a result of development/construction. If
the Developer fails to perform the required clean up within twenty-four (24) hours of receiving
instructions and notice from the City Engineer or assigns, the City, without further notice, can
perform the work and charge the associated cost to the Developer. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days of receipt
of the invoice, the City may draw down, without further notice, the security provided to pay
any costs incurred by the City.
The Developer is responsible for weekly street sweeping of all streets
within the subdivision and all streets adjacent to the Subdivision if sediment is tracked off site.
All street sweeping must be performed utilizing a pick-up sweeper. If the Developer fails to
perform the required street sweeping within twenty-four (24) hours of receiving instructions
and notice from the City Engineer and/or the Building Official or their assigns, they, without
further notice, can perform the work and charge the associated cost to the Developer. If the
Developer does not reimburse the City for any. cost the City incurred for such work within ten
(10) days of receipt of the invoice, the City may draw down, without further notice, the
security provided to pay any costs incurred by the City. The Developer shall be responsible
for weekly street sweeping until final acceptance by the City.
The Developer is responsible for soil correction work required for the
Subdivision. The City makes no representation to the Developer concerning either the nature
of suitability of soils or the cost of correcting any unsuitable soil conditions which may exist.
On lots that have no .fill material a soils report from a qualified soils engineer is not required
unless the Building Official or assigns determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi-lot grading
project, a satisfactory soils report from a qualified soils engineer must be provided before the
City issues a building permit for the lot. On lots with fill material that have been custom
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graded, a satisfactory soils report from a qualified soils engineer must be provided before the
Building Official or assigns inspects the foundation for a building on the lot.
(5) Sianaae Reauirements. All street signs and traffic signs required for
the Subdivision by the City as part of the plat approval or the street and utility plan
approval must be furnished and installed by the City at the expense of the Developer. All
conservation and wetland easement boundary marking posts required for the Subdivision
must be furnished and installed by the Developer at the expense of the Developer. All
conservation and wetland easement boundary marking sign age required for the
Subdivision must be furnished and installed by the City at the expense of the Developer.
All park and open space boundary marking posts and signage required for the Subdivision
must be furnished and installed by the City at the expense of the Developer. All
conservation easement, wetland easement and park and open space posts and signage
required for the Subdivision by the City must be installed within one (1) year from the date
of recording the plat, or the posts and signage must be installed on a per lot basis at the
time the building permit for the subject lot is issued, whichever occurs first. These fees are
set forth in the City's annual fee schedule.
(6) Landscapina Reauirements. Trees must be planted according to the
Tree, Shrub and Bush Planting and Placement Policy and Standards and may not be
planted within the right-of-way or within drainage and utility easements adjacent to public
right-of-way, unless approved with a tree planting permit from the City of Shakopee.
Landscaping is not allowed within any easements containing an emergency overflow nor is it
allowed within any easements as outlined in the City's most recent edition of its Easement
Fencing and Landscaping Policy. In addition to any sod required as a part of the grading,
drainage and erosion control plan or the SWPPP, the Developer must sod the full easement
width of all drainage ways/swales leading to drainage structures on each lot utilizing a
minimum of six (6) inches of topsoil. The Developer must also install silt fence behind the
sod in the drainage ways/swales leading to drainage structures. Seed or sod must also be
placed on all disturbed areas of the lot. These requirements supplement, but do not replace,
specific landscaping conditions that may have been required by the City Council for plat
approval.
(7) Plat Monuments. Before the security for the completion of the public
improvements is released, all plat monuments must be correctly placed in the ground in
accordance with Minnesota Statutes, Chapter 505. The Developer's surveyor shall submit a
written notice to the City Engineer certifying that the iron monuments have been installed.
(8) Proiect Testina Reauirements. The Developer is responsible, at the
Developer's sole cost, to provide testing to certify that Developer installed improvements
have been completed in compliance with approved plans and specifications. The
personnel performing the testing must be certified by the Minnesota Department of
Transportation. The City Engineer has the sole discretion to determine if additional testing
is necessary. The cost of additional testing is to be paid by the Developer.
(9) Street. Sanitary Sewer. Storm Sewer and Water Distribution System
Maintenance. The Developer is responsible for all street maintenance, with the exception of
snow plowing, until all streets within the Subdivision are accepted by the City. Warning signs
must be placed by the Developer when hazards develop in streets to prevent the public from
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traveling on them and directing attention to detours. If streets become impassable, the City
may order that such streets must be barricaded and closed. The Developer must maintain a
smooth roadway surface and provide proper surface drainage. The City will not be
responsible for reshaping or damage to the street base, the street surfacing, the curb and
gutter or utilities because of snow plowing operations. The provision of City snow plowing
service does not constitute final acceptance of the streets by the City.
The Developer is responsible for cleaning and maintenance of the
sanitary sewer system (including, but not limited to, pipes, manholes and lift stations) within
the Subdivision and the adjacent off-site sanitary sewer system that receives sewage from
the plat. The Developer must follow all instructions received from the City Engineer or
assigns concerning the cleaning and maintenance of the sanitary sewer system. The
Developer's obligations under this paragraph end on the date of final acceptance by the City.
The Developer is responsible for cleaning and maintenance of the storm
sewer system (including, but not limited to, ponds, pipes, catch basins, culverts and swales)
within the Subdivision and the adjacent off-site storm sewer system that receives storm water
from the plat. The Developer must follow all instructions it receives from the City Engineer or
assigns concerning the cleaning and maintenance of the storm sewer system. The
Developer's obligations under this paragraph end on the date of final acceptance by the City.
The Developer is responsible for cleaning and maintenance of the water
distribution system within the plat and the adjacent off-site water distribution systems. The
Developer must follow all instructions it receives from SPUCor assigns concerning the
cleaning and maintenance of the water distribution system. The Developer's obligations
under this paragraph end on the date of final acceptance by the City and SPUC.
(10) Record Plans/Drawinas. Upon completion of the site grading
improvements, the Developer must provide to the City Engineer a Record "As-Built"
grading and erosion and sediment control plan/drawing in hard copy (mylar and paper) and
electronic form as outlined in the most recent edition of the City Design Criteria. Prior to
issuance of building permits in addition to the model building permit, the Developer must
provide to the City Engineer and to SPUC an Operations Record Plan in hard copy form
(paper) as outlined in the most recent edition of the City of Shakopee Design Criteria and
the SPUC Water Policy Manual. Upon completion of the street and utility construction, the
Developer must provide to the City and to SPUC a Record "As-Built" street and utility
plan/drawing in hard copy (mylar and paper) and electronic form as outlined in the most
recent edition of the City of Shakopee Design Criteria and the SPUC Water Policy Manual.
The Record "As-Built" plans/drawings referenced above must, at a
minimum, include all items referenced in the most recent edition of the City Design Criteria
and must also include any additional features as directed by the City Engineer.
The Record "As-Built" plans/drawings referenced above must be
approved by the City and SPUC priorto final acceptance of the Plan A improvements.
(11 ) Faithful Performance of Construction Contracts and Bond. The
Developer will fully and faithfully comply with all terms of any and all contracts entered into by
the Developer for the installation and construction of. all Plan A . Improvements and the
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Developer guarantees the workmanship and materials for a period of one (1) year following
the City's final acceptance of the Plan A Improvements. The Developer must also provide
the Maintenance Bond required in this Agreement.
6. BUILDING PERMITS.
(A) Model Building Permit. Prior to recording of a final plat, the Developer may
receive one (1) model permit per Subdivision. The request for a model permit must be in
writing and must be accompanied by a detailed drawing showing the specific location of for
which the model permit is requested. The model permit must be located in an area with
adequate street surfacing and access for emergency personnel, as determined by the City
Engineer and the Building Official, and within reasonable proximity to an operational fire
hydrant, as determined by the Fire Chief and SPUC.
(B) Additional BuildinQ Permit Issuance. The City may issue building permits in
addition to the model building permit after the plat has been recorded, the site grading
improvements have been completed and accepted, the record "as-built" grading and erosion
and sediment control plan/drawing has been approved by the City, the street and utility
improvements are substantially complete, as defined by City resolution and the Operations
Record Plan has been approved by the City and by SPUC; however, no permanent
certificate of occupancy will be issued until all of the required street and utility improvements
are completed and approved by the City Engineer or assigns, or until this agreement is
replaced with a letter of understanding and a letter of credit in the amount of 125% of the City
Engineer's estimate of the cost of work remaining to be constructed as provided in this
Agreement, which replacement shall be approved by the City Council. Default of any
provisions of this Agreement will be grounds for the denial of building permits.
(C) Grading and Erosion and Sediment Control. No building permit will be
issued until the Developer has installed silt fence or other City approved erosion and
sediment control measure(s) behind the curb and gutters of all lots. It is expressly
understood that once the silt fence or other City approved erosion and sediment control
measure(s) have been installed it becomes the builders' responsibility to maintain, unless
they are damaged by the Developer or by forces under contract to the Developer.
No building permit will be issued for construction of a dwelling or other building
on a lot until an erosion and sediment control escrow in the amount of $1,000.00 per lot is
furnished to the City to guarantee compliance with City erosion and sediment control
requirements.
All basement and/or foundation excavation spoil piles must be kept completely out
of City right-of-way and must be completely surrounded with silt fence or other City approved
erosion and sediment control measure(s). Silt fence or other approved erosion and sediment
control measure(s) must be installed around the perimeter of each lot or at City approved locations
at the time of building permit issuance and remain in place until the lot is seeded and/or sodded.
One (1) opening twenty (20) feet in width will be allowed on each lot for construction purposes.
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No certificate of occupancy will be granted for any home in the Subdivision
until all grading and erosion and sediment control measure installation has been performed
per the approved plans and specifications and all utilities are in and approved, including
streets, curb and gutters and bituminous base/concrete surfacing.
7. PLAN B IMPROVEMENTS. The Developer has petitioned the City for the installation of
Plan B. Improvements as listed.
Description of Improvement
A] IF APPLICABLE:
B] IF APPLICABLE.
8. PLAN B IMPROVEMENTS. Plan B Improvements will be instituted, constructed and
financed pursuant to M.S.A. 429 Improvement Projects as follows:
(A) Construction Plan and Approval Thereof. The City will engage a duly licensed
professional civil engineer authorized to practice within the State of Minnesota to prepare
detailed plans, specifications, and a cost estimate for complete installation of all Plan B
Improvements, in accordance with the most recent editions of the City Design Criteria and the
City General Specifications and Standard Detail Plates For Street & Utility Construction and
the SPUC Water Policy Manual and submit them to the City Engineer and to the SPUC
Utilities Manager, when required.
(B) Initiation. The Developer has submitted a Petition, a copy of which is attached
as Exhibit 1 to this agreement, as provided for by DEVELOPER'S NAME.
or
Prior to execution of this Agreement, the Developer must submit to the City
Council a Petition as provided for by M.S.A. 429.031 subdivision 3, requesting that Plan B
Improvements be made and assessed against the benefited properties, and that the
Developer agrees to the provisions of Paragraphs 8 (E) (1) and 8 (E) (2) of this Agreement.
(C) Construction. Upon the City Council adopting a resolution determining the
sufficiency of each petition, the Plan B Improvements will be administered and constructed, in
all respects, as other City improvements made pursuant to the provisions of M.S.A. Chapter
429 and other applicable statutes. That is: (1) The City will have sole responsibility for
administration of the project; (2) The City will not be responsible for meeting any completion
dates scheduled by the Developer and will not be responsible for any damages as a result of
delays in the project; (3) The project administered by the City must allow for any increase in
project cost as permitted by M.S.A. 429; and (4) The Developer and his engineer
acknowledge that any changes or any additional work required must be approved by the City.
(0) M.S.A. 429 Soecial Assessment Procedures. The Developer will be required to
execute a Petition for the installation of all Plan B Improvements.
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If the City Council orders installation of the petition for Plan B Improvements
with the cost to be assessed against the benefited properties, the Developer agrees to pay
such assessments on the following terms and conditions:
(1) Waiver of Obiections To and Riqht of Appeal from Assessment.
The Developer agrees to, and does, waive and release (a) any and all objections of
every kind to any assessment levied by the City pursuant to this Agreement, including,
without limitation, objections to procedures and hearings before the City Council in
connection with the Improvements and assessment therefore, objections resulting from
failure to fully comply with any applicable statute, and objections to the amount of any
assessment levied against the Subdivision or any other benefited property of Developer due
to the Improvements stated; and (b) the right to appeal, pursuant to applicable Minnesota
Statutes, from any assessment levied pursuant to this Agreement. It is understood by the
developer that the City is doing this Chapter 429 Public Improvements at the developer's
request and for the developer's convenience, and the City would not be installing the
improvements in question without this waiver. This waiver is valid up to $AMOUNT, which is
the estimated amount of the assessments as determined by the City Engineer.
(2) Construction. After approval of preliminary plans and estimates by the
City Engineer and the SPUC Utilities Manager, an improvement hearing will be called by the
City Council for the purpose of ordering the Plan B Improvements. After approval of final
plans and specifications by the City Engineer and the SPUC Utilities Manager, bids will be
taken by the City and contracts awarded for the installation of the improvements under the
City's and SPUC's complete supervision.
(3) Levy of Special Assessments and Reauired Prepayments. The entire
cost of the installation of Plan B Improvements, including any reasonable engineering, legal
and administrative costs incurred by the City, must be paid by the Developer to the City as
special assessments levied against the benefited land. Reference herein to special
assessments must be deemed to include, and must include, all interest due thereon in
accordance with M.S.A. 429.
(4) Acceleration Upon Default. If the Developer fails to pay any installment
of any special assessment levied pursuant to this Agreement, or any interest thereon, when it
is to be paid, the City at its option, in addition to its other rights and remedies under this
Agreement, by written notice given to Developer, may declare all of the unpaid special
assessments that are then estimated or levied due and payable in full, with interest. The
City, at its option, may demand immediate payment. The City may immediately commence
legal action against Developer to collect the entire unpaid balance of the special
assessments with interest, including reasonable attorney's fees. The Developer is jointly and
severally liable for the entire unpaid balance.
(E) Financial Security for Payments of Special Assessments. The financial security
for payment of the special assessments associated with the Plan B Improvements must be
provided to the City in accordance with one of the following two methods. The Developer will
indicate the preferred option, but the City will make the final selection of the appropriate
option.
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(1) Developer Pavment Method One (1): One-Hundred (100) Percent Cash
Deposit. Upon such execution of this Agreement, the Developer will pay to the City in cash a
deposit in the amount of 100% of the City Engineer's estimated total assessment for all Plan
B Improvements. The cash so paid by the Developer to the City will bear interest for each
year at a rate equal to one percent (1 %) below the average interest rate (rounded to the
nearest quarter) on the investments held by the City on December 31 st of the respective year
until the deposit equals all remaining assessments levied against the benefited property then
the deposit plus all accrued interest must be used to pay the remainder of the assessments
due. Any excess in deposits will be returned to the developer. If the Developer fails to pay
any assessments, interest or penalty as they come due, the City may draw on the deposit for
any such amounts not paid. Those assessments as levied must be paid by the Developer to
the City as special assessments levied against the benefited land.
On or before an occupancy permit (conditional or permanent) will be
granted for any of the lots,pieces or parcels, the Developer agrees to pay to the City the
remaining principal balance, plus any unpaid interest and penalties, or all assessments
assessed or to be assessed under this agreement (including assessments made prior to this
agreement) against the lot, piece or parcel, the amount to be determined as of the date the
occupancy permit (conditional or permanent) is granted. If the assessments governed by this
paragraph have not been assessed, the developer agrees to pay the estimated assessment
to be levied against the benefited land. The developer must be liable to the City for any
deficiency which must become due and payable at the time assessments are levied and the
City must pay to the developer any overplus arising from payment based on an estimate plus
interest for each year at a rate equal to one percent (1%) below the average interest rate
(rounded to the nearest quarter) on the investments held by the City on December 31 st of the
respective year from date of payment to date of reimbursement. It is further agreed and
understood that the payments required by obtaining an occupancy permit (conditional or
permanent) must in no way limit or be used to offset the Developer's obligation to pay
assessments as they come due for those lots for which obligation must continue until such
time as all assessments authorized herein have been paid in full.
Upon the payment of the assessment on any lot, piece or parcel, the
City will issue a release in recordable form so as to remove the recording of this agreement
against that particular lot, piece or parcel on which such payment has been made, provided
all other conditions of this agreement have been met.
(2) Pavment Method Two (2): one-hundred (100) Percent Letter of Credit.
The Developer must submit to the City a certified letter of credit approved by the City
Attorney made payable to the City of Shakopee upon which the City may draw, in the amount
of 100% of the City Engineer's estimated total assessment for all such Plan B Improvements,
the letter of credit to be submitted upon execution of this agreement. If the Developer fails to
pay any assessments, interest or penalty as they become due, the City may draw on the
letter of credit for any such amounts not paid. Those assessments as levied must be paid by
the Developer of a future lot, piece or parcel owner to the City as special assessments levied
against the benefited land. The letter of credit must be renewed annually. If not renewed, the
City must draw on all of the money in the existing letter of credit before it expires. The letter
of credit must be terminated upon payment of all assessments due on developer owned lots
and may be reduced to equal the actual amount of assessments due. Reductions are limited
to one (1) per year.
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(F) Pavment Method Selected. City approved payment method No. NUMBER.
(G) Easements. The Developer must grant or cause to be granted to the City, at
no cost to the City, all permanent or temporary easements necessary for the installation and
maintenance of the Plan B Improvements.
(H) BuildinQ Permits. The City may issue building permits in addition to the model
building permit addressed previously in this agreement after the plat has been recorded, the
site grading improvements have been completed and accepted, the record "as-built" grading
and erosion and sediment control plan/drawing has been approved by the City, the street and
utility improvements are substantially complete, as defined by resolution and the Operations
Record Plan has been approved by the City and by SPUC; however, no permanent
certificate of occupancy will be issued until all of the required street and utility improvements
are completed and approved by the City Engineer or their assigns.
9. GENERAL.
(A) Violation of Provisions of AQreement. If the developer violates any of the
covenants in this Agreement to be performed by the Developer, the City has the option to
commence an action for specific performance requiring the Developer to comply with the
covenants in this Agreement. The developer agrees that the City will be entitled to its
administrative costs, legal costs, and reasonable attorney's fees in connection with the action.
(B) Hold Harmless. The Developer will defend, indemnify and hold harmless the
City and its agents, officers and employees against any and all claims, damages, losses, and
expenses, including attorney fees, arising out of or resulting from the Agreement or the
enforcement of it, or in the construction of the Development, except as might arise as a result
of the negligence of the City, its agents, officers or its employees in connection with the
handling of any escrowed funds or the Letter of Credit pursuant to the terms of this
Agreement.
(C) Binding Effect. The terms and provisions hereof are binding upon and insure to
the benefit of the representatives, successors and assigns of the parties and are binding
upon all future owners of all or any part of the Subdivision and are deemed to be covenants
. running with the land. This Agreement will be placed on record so as to give notice to
subsequent purchasers and encumbrances of all or any part of the Subdivision and all
recording fees must be paid by the Developer. Upon the filing of a release from the City, this
Agreement will not be applicable to any property covered by the release.
(D) Notices. Any notices permitted or required to be given or made pursuant to this
Agreement must be delivered personally or mailed by United States Mail to the addresses set
forth below by certified or registered mail. Notices, demand or payment must be deemed
timely given or made when delivered personally or when deposited in the United States Mail
in accordance with the above. Addresses of the parties are as follows:
If to the City: City Administrator
City Hall
129 Holmes Street South
18
Shakopee, MN 55379
If to the Developer: DEVELOPER'S NAME
DEVELOPER'S ADDRESS
(E) Reductions/Release of Financial Security. Upon completion or partial
completion of Plan A Improvements and upon written request by the Developer to the City
Engineer, the City may release all or a portion of the cash or letter of credit deposited as
required in this Agreement. In no event must such security be reduced below the full amount
of any unpaid inspection and administration costs plus 100% of the amount that the City
Engineer deems necessary to complete all remaining Plan A Improvements. In addition to
those amounts, the City will also withhold 25% of the original security amount unless the City
Engineer determines that a lesser percentage will be sufficient to ensure satisfactory
completion of the Plan A Improvements. Upon written request by the Developer, the security
may be fully released when: (1) the City Engineer determines that all required improvements
have been satisfactorily completed in accordance with approved construction plans and
specifications and the approved SWPPP; (2) the City Engineer determines that all required
improvements have been satisfactorily completed in accordance with the City Design Criteria
and the City General Specifications and Standard Detail Plates For Street & Utility
Construction at the time the plans were approved; (3) SPUC determines that all required
improvements have been satisfactorily completed in accordance with the SPUC Water Policy
Manual at the time the plans were approved; (4) the Developer submits to the City Engineer
a detailed reproducible drawing, including an electronic form outlined in the City Design
Criteria, of the improvements showing the details as required by the City Design Criteria and
the City's subdivision ordinance at the time the plans were approved; (5) the Developer
submits sanitary sewer televising videos for all sanitary sewer improvements associated with
the project; and (6) the Developer submits a maintenance bond as provided in this
Agreement. Should the Developer fail or refuse to submit to a maintenance bond, the City
may retain some or all of the cash or letter of credit as security for the one (1) year written
guarantee as provided in this Agreement. Should the certified letter of credit be for such a
period of time so as to preclude its use under this paragraph, the City is authorized to draw
against such .Ietter of credit at any time to complete said improvements or to make such
repairs or additions as would be provided under the one (1) year written guarantee when, in
the judgment of the City, the City determines that the Developer is not going to complete the
improvements or make such repairs.
(F) Maintenance Bond. The Developer is responsible to provide the City with a
one (1) year security in the amount of sixty (60) percent of the City approved total public
improvement costs which may include but are not limited to the total street, utility and park
improvement costs. The security must run from the date of final acceptance of all public
improvements. At the time of final acceptance, if the City determines the approved plans
and specifications were not strictly adhered to or that the work was performed without
adequate City inspections, the Developer agrees to increase the length of the security up
to a maximum of five (5) years as determined by the City Engineer. The security may be
any security listed as an option in the City Code except that a maintenance bond must be
provided in place of a performance bond.
(G) Incorporation by Reference. The City of Shakopee General Specifications and
Standard Detail Plates for Street and Utility Construction (including bonding provisions, the
19
approved plans, addenda, change orders, special provisions, proposals, specifications and
contract for the Improvements furnished and let pursuant to this Agreement), the City of
Shakopee Design Criteria, the City of Shakopee Comprehensive Water Resource
Management Plan, the SPUC Water Policy Manual, City standards, City Policies, City
ordinances, all general and supplemental conditions, City and SPUC approved plans and
specifications and the Street Lighting Policy adopted jointly by the City of Shakopee and
SPUC are made part of this Agreement by reference.
(H) Chanaes from Plan A Improvements to Plan B Improvements and from Plan B
Improvements to Plan A Improvements. It is agreed and understood that the Developer, at
its option, is authorized to enter into this Agreement providing for some Plan A Improvements
and some Plan B Improvements. At such time as the Developer may choose after the
execution of this Agreement, the Developer may, in writing, request that some or all of the
improvements originally designated as Plan A Improvements be changed to Plan B
Improvements. The City in its sole and absolute discretion may enter into a 'Plan A to Plan B
Change Agreement' which must be recorded. It is specifically agreed and understood,
however, that no changes made in accordance with this paragraph will in any way reduce,
lessen, obviate or cancel in any way, manner or form the provisions or requirements of this
Agreement respecting improvements under Plan A made prior to such change. In the event
the Developer wishes to change some or all of Plan B Improvements to Plan A.
Improvements, then it must apply in writing to the City for such changes and the City in its
sole and absolute discretion may enter into a 'Plan B to Plan A Change Agreement' which
must be recorded.
(I) AssiQnment. The Developer may not assign this Agreement without the written
permission of the City, which permission must not be unreasonably denied or delayed. No
assignment will be effective unless the assignee assumes in writing all obligations of the
Developer under this Agreement and the documents related to it. The assumption must be in
a form reasonably acceptable to the City.
(J) Severabilitv . If any provision of this Agreement is held invalid, illegal or
unenforceable by any court of competent jurisdiction, such holding must pertain only to such
section and will not invalidate or render unenforceable any other section or provision of this
Agreement.
(K) Non-Waiver. Each right, power or remedy conferred upon the City or the
Developer by this Agreement is cumulative and in addition to every other right, power or
remedy, express or implied, now or later arising, or available to the City or the Developer at
law or in equity, or under any other agreement. Each and every right, power or remedy
contained in this Agreement or otherwise so existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City or the Developer and does
not constitute a waiver of the right to exercise at any time any other right, power or remedy. If
either party waives in writing any default or nonperformance by the other party, the waiver is
deemed to apply only to that event and does not waive any other prior or subsequent default.
(L) Counterparts. This Agreement may be executed simultaneously in any number
of counterparts, each of which must be an original and must constitute one and the same
Agreement.
20
10. PAYMENTS TO THE PARK FUND IN LIEU OF LAND DEDICATION. In accordance
with the authority provided by the Shakopee City Code, Section 12.34, Parks and
Dedications, the Developer and the City acknowledge the Developer has paid the sum and
amount consistent with the current City of Shakopee Fee Schedule {$AMOUNT}.
21
IN WITNESS WHEREOF, The City and Developer have caused this Agreement to be duly
executed on the day and year first above written.
DEVELOPER CITY OF SHAKOPEE
DEVELOPER'S NAME By
Mayor
By By
City Administrator
Its
By
City Clerk
STATE OF MINNESOTA
COUNTY OF SCOTT
The foregoing instrument was acknowledged before me MONTH DATE. YEAR by MAYOR'S
NAME, Mayor; CITY ADMINISTRATOR'S NAME, City Administrator and CITY CLERK'S
NAME, City Clerk of the City of Shakopee, Minnesota, on behalf of the City.
Notary Public
My Commission Expires
STATE OF MINNESOTA
COUNTY OF SCOTT
The foregoing instrument was acknowledged before me MONTH DATE. YEAR, by
PRESIDENT'S NAME, President of DEVELOPER'S NAME, a Minnesota corporation, on
behalf of the corporation.
Notary Public
My Commission Expires
This instrument was drafted by
City of Shakopee
129 Holmes Street South Latest Revision: 03/19/08
Shakopee, MN 55379 i:~udy\deveagre\deveagre. rev
22
EXHIBIT B
ORDINANCE NO. 805, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CHAPTER 12 (SUBDIVISION REGULATIONS) OF THE CITY CODE
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 - That the City Code Chapter 12 (Subdivision Regulations) is amended, as
follows:
Revise Section 12.09, Subd 4
Subd. 4. City Council Review. The City Council shall review the application for a final plat
for compliance with the City Code requirements. The City Council may approve, approve with
conditions, or disapprove the final plat. If the City Council determines that the final plat is not
in substantial conformity with the preliminary plat, the City Council shall disapprove the final
plat, or if the De'ieloper agrees to extend the time, the City Council shall return the plat to the
Planning Commission for reyie",; and recommendation. The City Council may elect to approve
only a portion of a final plat, and disapprove the remainder. The City Council has final
authority to approve, approve with conditions, or disapprove a final plat.
Revise Section 12.09, Subd 6
Subd.6.E. If the plat is not recorded within thirty (30) days after approval by the City Council,
the City Clerk shall so may notify the City Attorney, who may require additional proof of good
title.
Revise Section 12.16, Subd 1
Subd.1.
C. bond,
D. escrow agreement, and
E. other security
A letter of credit, bond, escro',v agreement, or other security agreement shall be in a form
approved by the City Attorney.
Revise Section 12.12, Subd 2.H
Security for Special Assessments. A developer shall provide security for special assessments
under one (1) or more ofthe methods in this paragraph.
Seventy fb'e One Hundred Percent Cash Deposit. Prior to the recording of the final plat, the
Developer shall pay to the City in cash a deposit in the sum and amount of fr 100% of the City
Engineer's estimated total assessment for all such Plan B Improvements, said amount to be paid
upon execution of the Developer's Agreement. The cash so paid by the Developer to the City
will bear interest for each year at a rate equal to 1% below the average interest rate (rounded to
23
the nearest quarter percent) on the investments' held by the City on December 31 st of the
respective year until said deposit plus all accrued interest shall be used to pay the remainder of
the assessments due. Any excess in deposits will be returned to the Developer. If the Developer
fails to pay any assessments, interest or penalty as the same come due, the City may draw on
said deposit for any such amounts not paid. Those assessments as levied shall be paid by the
Developer to the City as special assessments levied against the benefited land.
Letter of Credit. Prior to the recording of the final plat, the Developer shall submit to the City
a certified letter of credit approved by the City attorney made payable to the City of Shakopee
upon which the City may draw, in the amount of =M-I 00% of the City Engineer's estimated total
assessment for all such Plan B Improvements; said letter of credit to be submitted upon
execution of the Developer's Agreement. If the Developer fails to pay any assessment, interest
or penalty as the same come due, the City may draw on said letter of credit for any such
amounts not paid. Those assessments as levied shall be paid by the Developer of a future lot,
piece or parcel owner to the City as special assessments levied against the benefitted land. The
letter of credit shall be renewed annually. If not renewed, the City shall draw on all of the
money in the existing letter of credit before it expires. The letter of credit shall be terminated
upon payment of all assessments due on Developer owned lots'and may be reduced to equal the
actual amount of assessments due when 75% or more of the assessments OO-/e been paid.
Reductions shall be limited to one (1) per year.
Revise Section 12.12, Subd. 2.J
Easements and Right-of-Way. The Developer must grant or cause to be granted shall pro-/ide to
the City, at no cost to the City, with all permanent or temporary easements and right-of-way
necessary for the installation. and maintenance of the specified or future improvements.
Revise Section 12.15, Subd. 1.A
}..fter PrelimiBary Plat f...pproval. fuading may be done after the City Council has approved a
preliminary plat. No other public improvements shall be made or constructed prior to the City
Council approval of a final plat.
Ri!!ht to Proceed with Construction. . Within the plat or collective land to be platted. the
Developer shall not construct site grading improvements or otherwise disturb the earth nor
remove trees until all the followin~ conditions have been satisfied: (1) preliminary plat
approval has been obtained from the City Council: (2) the necessary security and applicable fees
have been received by the City: (3) all required grading plans. stormwater management plans.
erosion and sediment control plans. SWPPP's and specifications have been approvedbv the
City Engineerc)r assigns: and (4) the City Engineer or assigns has issued a grading permit.
Within the plat or collective land to be platted. the Developer shall not construct street
improvements, sanitary sewer improvements, storm sewer improvements. water distribution
system improvements. other utilities, public or private improvements. nor any buildings until all
the following conditions have been satisfied: (1) this agreement has been fully executed by both
parties and filed with the City Clerk: . (2) the necessary security and all applicable fees have
been received by the City: (3) all required plans and specifications have been approved by the
City Engineer and the Shakopee Public Utilities Manager: (4) the plat has been recorded with
the County Recorders Office or Registrar of Title's Office of Scott County.
Revise Section 12.16, Subd. 2.B
24
B. Inspection and Administration. The security shall include an amount sufficient to cover +00
125% of the estimated costs of City inspection and administration as set forth in the City's fee
schedule.
Revise Section 12.16, Subd. 6
Exchange of Security. At any time during the period of the security, the City Attorney may
accept a substitution of principal or sureties on the bond, or a substitution of a letter of credit,
escrow, or other approved security agreement
Revise Section 12.17, Subd. 2 and 3
Subd. 2. Band. A bond shall be a performance bond v;ith one (1) or more corporate sureties
engaged in the business of signing surety bonds in the Stat-e of Minnesota. The bond shall
include a provision that the principal of the bond shall comply '.vith all the terms of the
resolution of final plat approval relating to construction of required improvements.
8ubd. 3. Esero,,' f...greement. The escra'." holder shall be a responsible independent third
party, acceptable to all parties.
Revise Section 12. 18, Subd. 3
Completion. Within Ten (10) Years. Unless otherv;ise limit-ed in the Developers <"..greement
all improvements must be complet-ed within too (10) years from the dat-e of the final plat
approval, or receive City Council permission for extension or rene' Nul of the security. In
determining whether to allow extension or rene....;ul the City Council shall consider whether
ther<; is a need for the improvement. If the Council det-ermines that there is no need then the
security shall be released. If the Council determines that there is a need, then the Council shall
determine whether the impro',ement should be ordered constructed either at the Developer' s or
the City's expense, wand whether the security should be extended or renewed for an additional
period of time.
Completion of improvements shall occur within the time frame specified in the signed
Developer's Agreement.
Revise$ection 12.19, Subd. 2. C
C. Security may be released upon written request from the Developer for any improvements
when: (1) the City Engineer determines that all required improvements have been satisfactorily
completed in accordance with approved construction plans and specifications and the approved
SWPPP; (2) the City Engineer determines that all required improvements have been
satisfactorily completed in accordance with the City design Criteria and the City General
Specifications and Standard Detail Plates for Street & Utility Construction at the time the plans
were approved~ (3) SPUC determines that all required improvements have been satisfactorily
completed in accordance with the SPUC Water Policy Manual.at the time the plans were
approved; (4) the Developer submits to the City Engineer a detailed reproducible drawing.
including an electronic form outlined in the city Design Criteria. of the improvements showing
the details as required by the City Desi~n Criteria and the City's subdivision ordinance at the
time the plans were approve; (5) the Developer submits sanitary sewer televising videos for all
sanitary sewer improvements associated with the proiect and (6) the Developer is in compliance
with Subdivision 3 of this Section. 'ovhen the City Engineer determines that all required
improvements ha',e been satisfactorily completed in accordance '...,ith the appmved construction
plans and that the De',cloper has given the City Engineer a detailed record dra....ling survey of
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the plat shO\ving details as required by the design requirements and in compliance v:ith
Subdivision 3 of this Section.
Revise Section 12.19, Subd. 3
Security for Maintenance. ScclHity shaH not be released for any improvement until the
Developer has submitted seclHity assuring the satisfactory condition of the impro'/ement for a
period of one (1) year after acceptance by the city. If the improyements vlere constructed
...yithout seclHity, security for maintenance still is required. This security may be any security
listed as an option in Section 12.16, except that a maintenance bond shall be provided in place
of a performance boncL Tho amount of the seclHity shall be 60% of the total cost of the
improvements.
The developer is responsible to provide the City with a one (1) year security in the amount of
sixty (60) percent of the City approved total public improvement costs which may include but
are not limited to the total street, utility and park improvement costs. The security must run
from the date of final acceptance of all public improvements. At the time of final acceptance. if
the City determines the approved plans and specifications were not strictly adhered to or that the
work was performed without adequate City inspections. the Developer agrees to increase the
length of the security up to a maximum of five (5) years as determined by the City Engineer.
The security may be any security listed as an option in Section 12.16. or can be submitted in the
form of a maintenance bond.
Revise Section 12.23, Subd. 3
Developer's Agreement. If security needs to be provided for any improvements under Sections
12.11 through 12.20, the Developer shall enter into a Developer's Agreement with the City prior
to filing the final plat. The Developer's Agreement shall identify who is constructing each
improvement, and identify the security being provided for construction and maintenance.
Conditions imposed by the City Council in their approval of the final plat may be included in
the Developer's Agreement, along with any other appropriate provisions. Any provisions
included in an executed Developer's Agreement shall supersede the provisions of applicable
portions of the City Code. The Developer's Agreement shall dictate the number and timing of
building permit issuance within the final plat and shall allow for a hold harmless provision
regarding the City. its agents. officers. and employees.
Revise Section 12.33, Subd. 2
Monuments. Permanent monuments shall be placed at the comer of each lot in the ground as
required by Minnesota Statutes, Chapter 505 prior to the release of financial security for the
completion of public improvements. Written notice shall be provided to the City certifying that
the iron monuments have been installed.
Section 2. Summary Approved. The City Council hereby determines that the text of the
summary ordinance marked "Official Summary of Ordinance 80S", a copy of which is attached
hereto, clearly informs the public of the intent and effect of the ordinance. The Council further
determines that publication of the title and such summary will clearly inform the public of the intent
and effect of the ordinance.
Section 3. Posting and Filing. A copy of this ordinance is filed in the office of the City
Clerk and a copy is provided to the Shakopee Library for posting and filing, at which locations a
copy is available for inspection by any person during regular office hours.
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Section 4. The City Clerk shall publish.the title of this ordinance and the official summary
in the official newspaper with notice that a printed copy of the ordinance is available for inspection
by any person during regular office hours at the office of the City Clerk and Shakopee Library.
Section 5. Effective Date. This ordinance becomes effective from and after its passage and
publication.
Adopted in session of the City Council of the City of Shakopee, Minnesota held
the day of ,2008.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of ,2008.
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Official Summary of Ordinance No. 805
The following is the official summary of Ordinance No. 805, Fourth Series, approved by the City
Council of the City of Shakopee, Minnesota on September 2, 2008.
ORDINANCE 805, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CHAPTER12 (SUBDIVISION REGLUATIONS) OF THE CITY CODE
I. Revises portions of Chapter 12 (Subdivision Regulations) of the City Code.
2. Establishes acceptable forms of financial security, amounts of financial security to be
provided, and costs of inspection and administration.
3. Outlines the elements of final plat approval and recording of final plats, the right to proceed
with construction and Plan A improvements, and additional considerations related to
Developer's Agreements.
A printed copy of the ordinance is available for inspection by any person at the office of the City
Clerk and the Shakopee Library.
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EXHIBIT C
DRAFT REVISIONS TO THE DESIGN CRITERIA FOR THE DRAFT
DEVELOPER'S AGREEMENT
City of Shakopee
Design Criteria
Revised: May 4. 2004 by Resolution No. 6041
Revised: April 4. 2006 bv Resolution No. 6391
Revised: September 2.2008 by Resolution No. 6805
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Table of Contents
Design Criteria and General Plan Requirements - Grading, Street and
Utility Improvements
Sect. 1 General
Sect. 2 Grading
Sect. 3 Erosion and Sediment Control
Sect. 4 Storm Sewer
Sect. 5 Sanitary Sewer
Sect. 6 Utilities
Sect. 7 Street Lights
Sect. 8 Streets and Alleys
Sect. 9 Sidewalks and Trails
Sect. 1 0 Lots and Blocks
Sect. 11 Plan Standards
Sect. 1- General
The requirements contained in this document are minimum general requirements for new
construction. The City Engineer may require additional information and increase the minimum
requirements on any project.
Sect. 2 - Grading
1. General. The grading and erosion control plans shall conform to the most recent editions of
"Protecting Water Quality in Urban Areas" (Best Management Practices for Minnesota),
"National Urban Runoff Program" (NURP), City of Shakopee "Comprehensive Stormwater
Management Plan" or as modified herein and the City's most recent Standard Detail Plates.
2. Gradine: and Erosion Control.
A. The minimum allowable grade in non paved areas is 2%.
B. No final graded slopes shall be steeper than three (3) feet horizontal to one (1) foot
vertical (3:1).
C. Driveway grades shall be less than ten (10) percent, and greater than one (1) percent.
Driveway grades shall not be greater than six (6) percent within the right-of-way.
Commercial and Industrial Driveway grades shall not be greater than six (6) percent for
any part ofthe driveway.
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D. Lots shall be graded so as to provide drainage away from building locations.
3. T oDsoil - Soddinl! and Seedinl!. Topsoil moved during the course of construction shall be
redistributed in turf establishment areas with a minimum of six (6) inches of topsoil. Disturbed
boulevard areas shall be restored in accordance with the City of Shakopee General Specifications and
Standard Detail Plates for Street and Utility Construction. Additionally. sod must be installed the full
easement width of all drainage swales leading to drainage structures on each lot (silt fence must be
installed behind this sod).
4. Drainal!e. During the grading of the site, the natural drainage system shall be utilized as much
as feasible for the storage and flow of runoff.
5. As-built Gradinl! Plan. Upon completion of the grading of subdivisions, an as-built survey of
the grading shall be submitted to the City. This plan must, at minimum, show the existing locations
and elevations of all street centerline and top of curb high points and low points, all lot comers,
building pads, intermediate tops of curb, sidewalks, trails, sanitary sewer structures, storm sewer
structures, emergency over flows, high points in non-paved areas, ponding areas and watermain.
The plan shall certify that all grading and erosion control is in conformance with the approved plans
and that all ponding areas are within drainage and utility easements. Two benchmarks shall be
shown on the as-built grading plan. No building permits shall be issued until this plan has been
submitted and approved by the City Engineer.
An electronic copy must be submitted in a format approved by the City Engineer.
6. Gradinl! Permit. Grading Permits will be required, as described in Section 11.60, Subdivision 6
of the City Code. Prior to issuance of a grading permit. the applicant shall strictly adhere to the
requirements set forth in Chapter 16 of the City Code.
The applicant must submit a written application for stormwater management plan approval along
with the site's stormwater management plan per requirements set forth in Chapter 16 of the City
Code.
The applicant must submit the appropriate wetland applications in accordance with the Minnesota
Wetland Conservation Act (WCA) per requirements set forth in Chapter 16 of the City Code.
7. Tree Preservation Fence. Existing trees, which are to be saved, shall be protected with a tree
preservation fence installed at the drip line of the tree(s). No grading, construction materials, or
equipment will be allowed beyond this fence.
8. Plan Reauirements. The following are specific requirements related to the development of
grading and erosion control plans for the proposed development and adjacent land within eRe-
hundred (100) two-hundred (200) feet unless noted otherwise:
A. Show and label existing underground and overhead utilities.
B. Show the location and indication of demolition or relocation of existing structures.
c. Show lot comer elevations and benchmarks utilized.
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D. Existing contours shall be at one (1) foot or two (2) foot intervals shown with dashed
lines and screened. The contours shall extend beyond the proposed plat boundaries a
minimum of one hundred (100) two-hundred (200) feet or as necessary to
completely show the limits of a drainage basin not fully contained within the
proposed plat. Ten (10) foot contour intervals shall be bold.
E. Proposed contours shall be at one (1) foot or two (2) foot intervals shown with solid
lines. Ten (10) foot contour intervals shall be bold.
F. Ponds, wetlands, lakes, streams or manholes shall be shown with the following:
1. Show the NWL and HWL for ponds and wetlands.
2. Show OHWL and DNR number if applicable.
3. Ponds shall include ten (10) foot bench, sloping downward from the NWL ten
(10) feet horizontal to one (1) foot vertical (10:1).
4. Show the delineated wetland boundary.
G. Show existing and proposed building footprints with proposed floor elevations.
H. The lowest floor elevations of affected structures adjacent to outletted ponds shall be
in accordance with the City's Stormwater Management Plan.
I. Show emergency overflow routes from all low points and show the high point
elevation along emergency overflow routes. Show directional flow arrows.
Emergency overflows shall be a minimum of one (1) foot plus the high flow
elevation (minimum of 1.5-feet) below the lowest opening elevation of adjacent
affected structures.
J. Show limits of clearing and grubbing.
K. For proposed retaining walls, identify top and bottom elevations of retaining wall.
Retaining walls greater than four (4) feet in height shall be designed and certified by
a licensed professional engineer.
L. Show all lot numbers, block numbers, and drainage and utility easements.
9. Haul Routes. Prior to grading and erosion control operations commencing. a drawing must be
submitted outlining the proposed haul routes for the import and export of all materials to and from
the site. All haul routes are subiect to approval by the City Engineer.
Sect. 3 - Erosion and Sediment Control
1. Purpose. The purpose of this Section is to promote the public health, safety, property and general
welfare of the citizens of the City and to conserve the soil, water and related resources and to control
erosion and sedimentation caused by land disturbing activities.
2. Administration. The Building Official or the City Engineer (depending on the land disturbing
activity) shall be designated as the Administrator of this Section.
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3. Activities Subiect to Erosion Control Measures.
A. Any land disturbing activity in residential, multi-family, commercial or industrial zones
shall be subject to erosion control measures provided that:
1. An area of ten-thousand (10,000) square feet or greater will be disturbed by
excavation, grading, filling or other earth moving activities resulting in the loss
of protective vegetation; or,
2. Excavation or fill exceeding fifty (50) cubic yards; or,
3. The installation of underground utilities, either public or private, resulting in
more than three-hundred (300) feet of trenching or earth disturbance.
B. Any subdivisions that require plat approval or a certified survey map.
C. Agricultural lands used mainly for the production of food, general farming, livestock
and poultry enterprises, nurseries, forestry, etc., are not subject to the provisions of this
Section.
D. Any other land disturbing activity for which the City Engineer determines to have the
potential for substantial erosion.
4. Erosion Control Plans.
A. All land disturbing activities covered by this Section shall be required to have an
approved erosion control plan. per requirements set forth in Chapter 16 of the City
Code. on file with the City prior to any construction starting.
B. The erosion control plan shall contain any such information necessary for the Building
Official and the City Engineer to determine that adequate erosion and sediment control
measures are proposed. As a minimum, a topographic map showing existing and
proposed contours, location of any natural watercourses and drainage ways, the extent
of the land disturbing activity and any erosion control measures shall be shown on the
plans submitted and approved.
C. In addition to the plans, a narrative report summarizing the proposed erosion control
measures shall be submitted. This report shall include language discussing the timing
of the installation, phasing, stabilization of all structures, maintenance and eventual
removal of all structures. A Storm Water Pollution Prevention Plan (SWPPP) in
compliance with National Pollutant Discharge Elimination System (NPDES)
requirements must also be submitted.
5. Performance Standards.
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A. General Standards. In general, this Section does not require the use of any particular
type of structure to control erosion and sedimentation. The City Engineer or Building
Official shall evaluate the proposed measures to determine if they follow current
accepted design criteria and engineering standards.
1. The smallest practical area of land shall be exposed at any given time during
development.
2. Exposed soil shall be seeded and mulched in accordance with NPDES Phase II
requirements.
3. All development shall conform to the natural limitations presented by the
topography and soil as to create the best potential for preventing soil erosion.
4. Erosion control measures shall be coordinated with the different stages of
development. Appropriate control measures shall be installed prior to
development to control erosion.
5. The natural vegetation and plant covering shall be retained whenever possible.
Temporary vegetation, mulching or other cover shall be used to protect critical
areas and permanent vegetation shall be installed as soon as practical.
B. Standards - Stormwater Runoff Erosion.
1. The natural drainage system shall be used when and wherever is feasible for
storage and flow of runoff. Stormwater drainage shall be discharged to
retention basins or other treatment facilities. Temporary storage area or
retention ponds shall be considered to reduce peak flows, erosion damage and
construction costs. If the drainage area is over five acres, a sediment basin shall
be utilized.
2. Silt fence or hay bales shall be utilized to control erosion and prevent
sedimentation from leaving the construction site. These structures shall be
properly installed according to the City of Shakopee Standard Specifications
and Detail Plates.
3. If needed, sod shall be laid in strips at intervals necessary to prevent erosion and
at right angles to the direction of drainage.
4. At existing storm sewer inlets, temporary sedimentation traps may be necessary
to prevent erosion from entering the storm sewer system, and downstream water
bodies.
5. Adequate provision shall be made to prevent the tracking or dropping of dirt or
other materials from the site onto any street by the use of rock construction
entrances.
c. Exposed Slopes. The following control measures shall be taken to control erosion
during construction:
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1. No exposed slope shall be steeper in grade than three (3) feet horizontal to one
(1) foot vertical.
2. Exposed slopes steeper in grade than ten (10) feet horizontal to one (1) foot
vertical shall be contour plowed to minimize direct runoff of water.
3. At the foot of each exposed slope, a channel and berm shall be constructed to
control runoff. The channeled water shall be diverted to a sedimentation basin
(debris basin, silt basin or silt trap) before being allowed to enter the natural
drainage system.
4. Along the top of each exposed slope, a berm shall be constructed to prevent
runoff from flowing over the edge of the slope. Where runoff collecting behind
said berm cannot be diverted elsewhere and must be directed down the slope,
appropriate measures shall be taken to prevent erosion. Such measures shall
consist of either an asphalt paved flow apron and drop chute laid down the slope
or a flexible slope drain. At the base of the slope drain or flood apron, a gravel
energy dissipater shall be installed to prevent erosion at the discharge end.
5. Exposed slopes shall be protected by whatever means will effectively prevent
erosion considering the degree of slope, soils materials, and expected length of
exposure. Slope protection shall consist of mulch, sheets of plastic, burlap or jut
netting, sod blankets, fast growing grasses or temporary seeding of annual
grasses. Mulch consists of hay, straw, wood chips, com stalks, bark or other
protective material. Mulch shall be anchored to slopes with liquid asphalt,
stakes, and netting or shall be worked into the soil to provide additional slope
stability.
6. Control measures, other than those specifically stated above may be used in
place of the above measures if it can be demonstrated that they will effectively
protect exposed slopes.
D. Dust Control Measures.
1. Temporary mulching or seeding shall be applied to open soil to minimize dust.
2. Barriers such as snow fences, commercial wind fences and similar materials
shall be used to control air currents and blowing soil if the City Engineer
determines it is necessary.
3. The exposed soil shall be watered to control dust, with frequency of watering
repeated as necessary.
4. Permanent vegetation shall be established in accordance with NPDES Phase II
requirements.
6. Maintenance of Erosion Control Measures.
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A. The owner or developer shall be responsible for maintaining all erosion control
structures in a condition that will ensure continuous functioning of those devices. If,
after the installation of the erosion control structure, the City Engineer determines that
additional measures are needed, they shall be installed at the expense of the owner.
B. Any erosion or sediment that runs off or blows off the site onto adjoining properties,
City streets, storm sewers, etc., shall be the re~ponsibility of the owner or developer for
clean up and restoration. If the owner fails to properly clean up or restore all areas
affected by erosion the City will hire a contractor to complete the work and bill the
owner for the expenses associated with the clean-up.
7. Technical Reference. The City officially designates the "Protecting Water Quality in Urban Areas"
prepared by the Minnesota Pollution Control Agency as the technical reference for this Section. This
reference will be used to ensure the proper placement and installation of any proposed erosion control
structures.
8. Security. The owner or developer shall submit to the City either cash or a certified letter of credit in
accordance with current City requirements to guarantee the faithful execution of the grading and
erosion control plan. This security shall be in the amount of one-hundred twenty-five (125) percent of
the costs for grading, the construction of all erosion control devices and site restoration or
$1,OOO/disturbed acre, whichever is higher, including the costs of City construction observation and
administration (as approved by the City Engineer). The City is authorized to draw against this security
in the event the grading and erosion control plan is not followed.
9. Unlawful Acts. It is unlawful for any person, either by the owner or the occupant of premises, to
violate, neglect or refuse to comply with the requirements of this Section. In addition, if the Building
Official or the City Engineer determines that adequate erosion control measures are not being followed
and there is little cooperation on the part of the owner to do so, a "stop work" order may be issued to all
work on the site until such times as adequate measures are implemented.
Sect. 4 - Storm Sewer
1. Desi2n Criteria.
A. The design criteria, policies, and objectives shall be those described in the City's
"Comprehensive Stormwater Management Plan". No existing ditch, stream, wetland,
pond, drain or drainage canal shall be deepened, widened, filled, re-routed or filled
without approval from the City Council.
B. Storm sewer shall be designed to have a minimum full flow velocity of three (3)
feet/second.
C. Storm sewer structures exceeding four (4) feet in depth shall have a minimum diameter
of forty-eight (48) inches.
2. Pond Sloves. Pond slopes below the HWL shall not be steeper than four (4) feet horizontal to
one (1) foot vertical. All ponds shall have a bench at the normal water level. This bench shall be a
36
minimum of ten (10) feet wide and the slope of this bench shall not be steeper than ten (10) feet
horizontal to one (1) foot vertical.
3. Plan Requirements. A Stormwater Management Plan, along with supporting documentation,
must be prepared and submitted that meets City drainage standards. Outlined below, please find a
listing of information to be submitted:
A. Drainage reports and studies shall include an overall drainage plan. The information
listed below, if not shown on the drawings, shall be included in the report. The use
of appropriate forms and design aids is recommended.
1. Runoff rate and ponding calculations for the site for the two (2) year, ten (10)
year and one-hundred (100) year rainfall events and the one-hundred (100) -
year, ten (10) day snow melt event. These computations should be provided
for both the existing and future conditions, or as necessary to demonstrate
compliance with the City's Comprehensive Water Resource Management
Plan. Computations shall identify the critical duration of the rainfall events.
2. ..... Open channel flow calculations/computations.
3. Storm sewer and storm inlet flow calculations for the ten (10) year rainfall
event.
4. Culvert design flow calculations for the ten (10) year and one-hundred (100)
year rainfall events.
5. Summation of all design variables used and design assumptions made.
6. Soil classification reports and depth of underground water table throughout
the study area when detention or retention ponds are used.
7. The boundary and designation of all tributary drainage areas and the area of
each in acres.
8. The designation and location of each design point referred to in the
calculations.
9. The reference source and a copy of all other monographs or design aids used
in the calculations.
B. The preliminary drainage report shall be approved by the City Engineer prior to
Engineering approval of any Preliminary Plat or Preliminary P.U.D. The study will
consist of calculations, comments and descriptions on 8-1/2" x II" paper and an area
map on one 22" x 34" drawing. Calculations shall include the two (2) year, ten (10)
year, and one-hundred (100) year rainfall events and the one-hundred (100) year, ten
(10) day snow melt event calculations of all tributary areas to the development, all
collection points within the development and all points discharging from the
development. The 22" x 34"map shall be a topographic map of both the
development and all areas tributary to the. development. The map shall show the
37
total acreage and anticipated runoff rates at all points noted in the calculations. In
addition, the map shall show the proposed location of all drainage facilities to be
located within the development and their relationship to existing facilities in adjacent
developments. Any scale from I" = 50' to I" = 400' may be used to limit the
drawing to one sheet.
c. A final drainage report shall be submitted and approved in conjunction with
construction drawings. The study shall include calculations on 8-1/2" x II" paper
and a drainage map of the development of 22" x 34" drawing. Calculations shall
address all aspects of runoff, retention, detention, channel flow, or other appropriate
information that is necessary for the design of the drainage system. The drainage
map shall be prepared on the overall grading plan for the development. It shall
illustrate the drainage patterns in the development as well as the location of all
drainage facilities within the development. The map shall also show the runof(rates
and acreage tributary to all collection points within the development. When
intersections serve as collector points, the flow in each curb line must be noted. This
drawing may use scales from 1" = 50' to I' = 200', in order to limit the drawing to
one sheet. When more than one sheet is used a scale of I" = 200' shall be utilized.
D. An overall drainage plan of the study area, including all areas outside of the study
area, which contributes runoff to the study area and all downstream areas, which will
be effected, by runoff from the study area, must be submitted. Drainage area plans
shall be submitted showing the effects of the two (2) year, ten (10) year and one
(100) year rainfall events and the one-hundred (100) year, ten (10) day snow melt
event.
E. The following methods shall be used to verify the adequacy of designs submitted for
approval: The method used shall be approved by the City Engineer.
1. Rational method for storm sewer design computations and peak discharge
rates from a single isolated watershed.
2. Urban Hydrology for Small Wetlands Technical Release No. 55 and
Technical Release No. 20 published by Soil Conservation Service, U.S.
Department of Agriculture.
3. HEC-l, HEC-2, or HEC-RAS.
4. Minnesota Hydrology Guide published by Soil Conservation Service, U.S.
Department of Agriculture.
5. Stormwater treatment ponds designed to NURP standards.
F. The following criteria shall be utilized in the analysis of the drainage system.
1. Runoff analysis shall be based upon proposed land use, and shall take into
consideration all contributing runoff from areas outside of the study area.
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2. The analysis of storm runoff from existing developed areas lying outside of
the study area shall be based upon present land use and topographic features.
3. All undeveloped land lying outside of the study area shall be considered as fully .
developed based upon the most probable anticipated future land use. Provided,
however, that whenever the future land use of a specific undeveloped area
cannot be accurately predicted, the average runoff coefficient to be used in said
area shall not be less than 0.60 for the Rational Method runoff coefficient or an
approved equivalent value for any other method.
4. The probable future flow pattern in undeveloped areas shall be based on
existing natural topographic features (existing slopes, drainage ways, etc.)
and shall conform to the Comprehensive Storm Water Management Plan.
5. Average land slopes in both developed and undeveloped area may be used in
computing runoff. However, for areas in which drainage patterns and slopes
are established, these shall be utilized.
6. Flows and velocities which may occur at a design point when the upstream
area is fully developed shall be considered. Drainage facilities shall be so
designed such. that increased flows and velocities will not cause erosion
damage.
7. The use of on-site detention and natural drainage ways is recommended and
encouraged whenever possible. The changing of natural drainage. way
locations will not be approved unless such change is shown to be without
unreasonable hazard and liability, substantiated by thorough analysis and
investigation.
8. The planning and design. of drainage systems shall be such that problems are
not transferred from one location to another. Outfall points shall be designed
in such a manner that will not create flooding hazards downstream.
G. The rainfall intensities to be used in the computation of runoff shall be
obtained from the Intensity - Duration - Frequency Curves for the Shakopee area as
contained in the Mn/DOT Drainage Manu~ and shall be based upon a two (2) year,
ten (10) year and one-hundred (100) year return frequency.
H. All lateral storm sewer facilities shall be designed to accommodate a ten (10)
year rainfall event. The initial ten (10) year storm shall be conveyed without
surcharging the system. Low points on streets shall be designed with an acceptable
emergency overflow route.
I. Storm sewer pipe for all public systems and connection to public systems
shall be reinforced concrete pipe (RCP).
J. Connections to existing manholes or catch basins shall be core drilled.
39
K. Driveway culverts in rural areas shall be at least eighteen (18) inches in
diameter. Plastic pipe is prohibited.
L. All storm sewer shall be at least fifteen (15) inches in diameter.
M. When a smaller sewer joins a larger one, the invert of the larger sewer should
be lowered to maintain the same energy gradient. An acceptable method for
securing these results is to place the 0.8 depth point of both sewers at the same
elevation.
N. Storm sewer placed in non-paved areas must be placed on property comers
and property lines when possible.
o. Catch basins in non-paved areas must be placed so as to minimize standing
water. The spacing and locations are subject to the approval of the City Engineer.
Sect. 5 - Sanitary Sewer
1. General. The minimum diameter for public sanitary sewer mains shall be eight (8) inches.
Sanitary sewer design must account for the study area and all areas outside the study area which
would naturally drain through the study area. Natural drainage areas will be established by using
the Comprehensive Sewer Plan and Comprehensive Water Resource Management Plan adopted by
the City. In no case shall the design velocity be less than 2.2 feet per second or more than ten (10)
feet per second as computed by Manning's formula for flow in open channels (Manning's shall be
0.013 for purposes of design).
2. Desi2n Criteria. Sanitary sewers shall be designed and constructed in accordance with the most
current edition of Recommended Standards for Sewage Works; a report of Committee of the Great
Lakes - Upper Mississippi River Board of State Sanitary Engineers.
3. Plan Reauirements and Desi2n Guidelines. The following are specific requirements related to
the design of sanitary sewer and sanitary sewer services:
A. The sanitary sewer alignment shall follow the centerline of the street where practical.
B. The maximum spacing between manholes is four-hundred (400) unless approved
otherwise.
c. All manholes at intersections shall be located at centerline/centerline.
D. Manholes are required on the terminus end of all stubs if the line will be active.
E. Connections to existing sanitary sewer manholes shall be core-drilled and fitted with
a watertight boot.
F. Inside drop manholes are not allowed.
40
G. The minimum depth of a sanitary sewer manhole is nine (9) feet unless previously
approved by the City Engineer.
H. Changing of pipe material between manholes is not permitted except at outside
drops.
I. Sanitary sewer services shall be a minimum four (4) diameter PVC (SDR 26).
J. Sanitary sewer services shall not be connected to a manhole unless otherwise
approved.
K. The minimum depth of the sanitary sewer service at the easement line shall be nine
(9) feet unless otherwise approved.
L. Sanitary sewer pipe shall be PVC SDR 35 (0 - 18' deep) and PVC SDR 26 (18'- 26')
deep. Alternate pipe materials for sanitary sewer deeper than twenty-six (26) feet
will be required as determined by the City Engineer.
M. Rerounding of pipe is not allowed unless previously approved by the City Engineer.
N. The contractor shall install a marker post at the end of each sanitary sewer service.
The developer shall provide GPS coordinates of each marker post and GPS
coordinates of each sanitary sewer service wye. Final record drawings submitted to
the City shall have a table identifying each sanitary sewer service with the
aforementioned GPS coordinates.
Sect. 6 - Utilities
1. Public Water. Where a connection to the City water system is presently available at or reasonably
near the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be
installed to serve all properties within the subdivision and shall be in accordance with policies of the
Shakopee Public Utilities Commission. Public Water systems shall be designed and constructed in
accordance with the standards and policies of the Shakopee Public Utility Commission.
2. Other Utilities. Electric service, phone service, and cable television installations to residential
structures shall be underground from the main line to the residential structure except where extreme
conditions prohibit and a variance from this requirement is authorized by the Planning Commission
upon advice of the Utilities Commission. Provisions shall also be made for underground connections
of street lights as required from main lines to the street line installation.
Where telephone, electric and/or gas service lines are to be placed underground, conduits or cables shall be placed within easements or dedicated
public ways, in such a manner so as not to conflict with other underground services, and in locations as approved by the City Engineer. All drainage
and other underground utility installations that traverse privately owned property shall be protected by easements.
Sect. 7 - Street Lights
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1. Desien Criteria. The subdivider shall provide for installation of street lighting and operation for a
period of three (3) years as prescribed by the Utilities Manager. Street lighting shall be designed and
constructed in accordance with the standards and policies of the Shakopee Public Utility
Commission and the City of Shakopee.
Sect. 8 - Streets
1. General.
A. The arrangement of thoroughfares and collector streets shall conform as nearly as
possible to the Comprehensive Plan. Except for cul-de-sacs, streets normally shall
connect with streets already dedicated in adjoining or adjacent subdivisions, or provide
for future connections to adjoining unsubdivided tracts, or shall be a reasonable
projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares
and collector. streets shall be considered in their relation to the reasonable circulation of
traffic, to topographic conditions, to runoff of stormwater, to public convenience and
safety, and in their appropriate relation to the proposed uses of the area to be served.
B. Where the plat to be submitted includes only part of the tract owned or intended for
development by the subdivider, a tentative plan of a proposed future street system for
the unsubdivided portion shall be prepared and submitted by the subdivider atthe same
scale as set forth herein.
C. When a tract is subdivided into larger than normal building lots or parcels, such lots or
parcels shall be so arranged so as to permit the logical location and openings of future
streets and appropriate resubdivision, with provision for adequate utility connections for
such resubdivision.
2. Street Width and Rie:ht-of- Way Width.
A. Two-way right-of-way widths and pavement widths (back to back of curb) shall
conform to the City's adopted Transportation Plan, with the exception of the local
roads. The local road width shall be as follows:
Classification Rie:ht-of-Wav Roadway
Local (anticipated traffic of 200 or
less cars per day, as determined
by the City Engineer) 60 Feet 33 Feet
Local (more than 200 cars per day) 60 Feet 37 Feet
B. All one-way right-of-way widths and pavement widths (back to back of curb) shall
conform to the following minimum dimensions:
Classification Rieht-of-Wav Roadwav
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Local 45 Feet 25 Feet
Collector Streets 60 Feet 30 Feet
Arterial Streets 60 Feet 30 Feet
3. Streets.
A. Public Streets and alleys shall be designed and constructed in accordance with the
General Specification and Standard Detail Plates for Street & Utility Construction. All
street and alley construction shall be inspected by the City Engineering Department.
B. The full width of the right-of-way of each street and alley dedicated in the plat shall be
graded. The width shall comply with the surface provisions of this Chapter and Class 5
MNIDOT aggregate or other suitable base shall be required as prescribed by the
Engineering Department.
C. All streets shall be surfaced with a bituminous surface or portland cement concrete.
D. Except where justified by special conditions, such as the continuation of an existing
alley in the same block, alleys will not be approved in residential districts. Dead end
alleys shall be avoided, whenever possible, but if unavoidable, such dead end alleys
must provide adequate turnaround facilities at the closed end.
E. Concrete curb and gutter may be required as a part of the required street surface
improvement and shall thus be designed. for installation along both sides of all
roadways in accordance with the standards of the City
F. Rural roadway sections, that do not include concrete curb and gutter, shall consist of
roadside ditches and five (5) foot gravel shoulders.
4. Grades.
A. All center line gradients shall be at least 0.5 percent and shall not exceed the following:
Classifications Gradient Percent
Arterial Streets 5
Collector Streets 6
Local Streets 7
Marginal Access Streets 7
Alleys 8
The grades at intersecting state-aid streets shall not be greater than 1.0% for 50' on
either side of the state-aid street, and not greater than 2.0% for an additional 50'. The
grades at intersecting arterial streets shall not be greater than 2.0% for 200' on either
side of the intersection. On local streets, the grade shall not be greater than 3.0% for
100' on either side of the intersection. The more important street at an intersection, as
determined by the City Engineer, shall govern the through grade.
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5. Street Joe:s. Street jogs (intersections less than 330 feet apart) must be approved by the City
Engineer.
6. Local Streets. Local streets shall be so aligned that their use by through traffic will be discouraged.
Dead end streets are prohibited, but cul-de-sacs will be permitted where topography or other conditions
justify their use.
7. Cul-de-sacs. Maximum length of cul-de-sac streets shall be one-thousand (1,000) feet for rural
service areas and seven-hundred fifty (750) feet for urban service areas measured along the center line
from the intersection of origin to end of right-of-way. Cul-de-sacs shall have a dedicated right-of-way
with a minimum radius of sixty (60) feet, and shall be paved with a minimum radius of forty-six (46)
feet (to back of curb). Lot lines abutting cul-de-sacs shall be radial except in extreme cases where
special permission may be granted otherwise.
8. Temporary Cul-de-sacs. In new subdivisions- where a future public street will connect to a
temporary street stub, a temporary cul-de-sac will be required. The maximum length of temporary cul-
de-sac streets shall be seven-hundred fifty (750) feet for both rural service and urban service areas,
measured along the center line from the intersection of origin to end of pavement. The minimum
paved surface diameter shall be seventy (72) feet, without curb and gutter. A temporary cul-de-sac will
not be required for street stubs that serve less than three (3) lots.
9. Service Roads. Where a subdivision abuts or contains an existing or planned service road or a
railroad right-of-way, the Council may require a street approximately parallel to and on each side of
such right-of-way for adequate protection of residential properties and to afford separation of through
and local traffic. Such marginal access streets shall be located at a distance from the major
thoroughfares of railroad right-of-way suitable for the appropriate use of the intervening land, as for
park purposes in residential districts, or for commercial or industrial purposes in appropriate districts.
Such distances shall also be determined with due regard for the requirements of approach grades and
future grade separations.
10. Half Streets. Half streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements of these regulations; and
except where the Council fmds it will be practicable to require the dedication of the other half when the
adjoining property is subdivided. Wherever there is a half street adjacent to a tract to be subdivided,
the other half of the street shall be platted within such tract.
11. Surface. All street surfaces shall be designed and constructed in accordance with the standard
specifications and shall provide a warranty bond before being accepted by the City for maintenance.
Curb and gutter or shoulder and bituminous surfacing shall be constructed at the same time.
12. Reserve Strips. Reserve strips controlling access to streets shall be prohibited.
13. Hardship to Owners of Adioinine: Propertv Avoided. The street arrangement shall not be such
as to cause hardship to owners of adjoining property in platting their own land and providing
convenient access to it.
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14. Access to Arterial and Collector Roadways. In the case where a proposed plat is adjacent to an
arterial or collector road, the applicant shall not direct vehicle or pedestrian access from individual lots
to such roadways. The subdivider. will be required to provide access to all lots via public streets.
Spacing of these public streets shall meet the requirements of the City's adopted Transportation Plan.
15. Plattin1! of Small Tracts. In the platting of small tracts of land fronting arterial roadways where
there is no convenient access to existing entrances and where access from such plat would be closer
than 1/4 mile from an existing access point, a service road forty (40) feet wide shall be dedicatedacross
the tract. As the neighboring land is platted and developed, and access becomes possible to the service
road, direct access to the thoroughfares shall be prohibited.
16. Deflections/Horizontal Curves. When connecting street lines deflect from each other at anyone
point by more than ten (10) degrees, they shall be connected by a curve with a radius of not less than
one-hundred twenty (120) feet. Depending on grades and projected traffic volumes the City Engineer
may require a larger radius. This minimum curve radius does not apply to intersecting street lines (full
street intersections) or to street lines connected at "T" intersections. Collector street horizontal
centerline curves shall meet State Aid Standards.
17. Street Vertical Curves. Vertical curves on local roads shall be designed to meet a minimum
design speed of thirty (30) mph. The City Engineer will determine the design speed for arterial and
collector roads. The minimum allowable curve length is fifty (50) feet unless the algebraic
difference between grades within a vertical curve is less than 1.2 percent, then the allowable
minimum vertical curve length is twenty (20) feet.
18. Ane:le of Intersections. The angle formed by the intersection of streets shall be ninety (90)
degrees. Any variance will require approval by the City Engineer.
19. Size of Intersection. Intersections of more than four comers shall be prohibited.
20. Curb Return Radius. Minimum curb return radii at intersections shall conform to the following
table:
Curb Return Radius (feet) at Intersections
Local (33') Local (37') Collector Arterial
Local (33' wide) 20 0
Local (37'wide) 20 20
Collector 25 25 25
Arterial 30 25 25 25
Industrial 30 25 25 25
The City Engineer may require larger radii. The County Engineer will detennine radii at intersections at County roads.
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21. Crossnans. Double crosspans may be used at the intersection of residential streets only when
necessary to prevent flooding of one side of the street. Crosspans are not allowed across collector or
arterial streets. Crosspans are not allowed on streets with storm sewer systems or on other streets
designated by the City Engineer.
22. Street Section Desi!!:n. The street section shall be designed as set forth in the "Geotechnical
and Pavement Manual" (Chapter 5), as prepared by the Minnesota Department of Transportation. It
shall be accompanied by a complete soils report certified by a licensed professional engineer. The
following minimum pavement thickness and aggregate thickness shall apply to all streets:
Minimum Minimum
Bituminous Pavement A!!:!!:re!!:ate Base
Arterial Street 5" 10"
Collector Street (Residential) 4" 8"
Minimum Minimum
Bituminous Pavement A!!!!:re!!:ate Base
Collector Street (Commercial) 5" 10"
Collector Street (Industrial) 5" 10"
Local Street 4" 8"
All streets with subgrade soil with an "R" value of thirty (30) or lower shall be constructed with two
(2) feet of granular borrow and one-hundred (100) feet of drain tile connected to and centered on
each low point catch basin.
The street section must be approved by the City Engineer and may be adjusted by the City Engineer
based on the soils report.
Sect. 9 - Sidewalks and Trails
1. Sidewalks.
A. The sidewalks shall not be located less than one foot from the property line, nor be
adjacent to the curb except as determined in commercial areas. Sidewalks in industrial
areas shall be located to conform to the anticipated pedestrian flow of the development.
B. Sidewalks shall slope 1/4 inch per foot away from the property line and the profile
grades shall conform to street grades.
C. Planned unit development shall be subject to the location, widths, and grades set forth
herein.
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D. The subdivider shall install sidewalks on both sides of an officially designated arterial
street and on one side of collector streets, and walkways to schools; such collector
streets and walkways to be determined by the Planning Commission and approved by
the Council. If the street is along a designated trail route, a bituminous trail may be
required in place of the sidewalk, as determined by the Planning Commission and
approved by the Council.
E. In blocks over nine-hundred (900) feet long, pedestrian crosswalks through the blocks,
and at least ten (10) feet wide, may be required by the Council in locations deemed
necessary to public health, convenience and necessity.
F. Curb returns and intersections where sidewalk is required shall have handicap ramps
with truncated domes.
G. All sidewalks widths shall be five (5) feet, except in commercial areas where the width
may be wider, as determined by the City Council.
Sect. 10 - Lots and Blocks
1. Easements.
A. A minimum of five (5) feet drainage and utility easement is required adjacent to all side
yard lot lines.
A minimum of ten (10) feet of drainage and utility easement is required adjacent to all front lot lines,
rear lot lines or lot lines adjacent to public right-of-way.
A minimum twenty (20) feet of drainage and utility easement is required centered over all utilities less
than five (5) feet deep.
For utilities deeper than five (5) feet, the minimum easement width shall be calculated
assuming a one (1) foot trench bottom and I-foot (vertical) to 1.5-foot (horizontal) side
slopes. For example, a utility ten (10) feet deep will require a minimum easement
width of thirty (3'1) feet.
The City Engineer may increase easement requirements, as necessary
B. Where a subdivision is traversed by a water course, drainage way/swale, channel or
stream, there shall be provided a stormwater easement or drainage right-of-way
conforming substantially to lines of such watercourse, and such further width or
construction, or both, as will be adequate for the purpose. Parallel streets or parkways
may be required in connection therewith.
c. Drainage and utility easements shall be shown on the fmal plat, out to the one-hundred
(100) year highwater level contour.
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D. Access easements, for future maintenance, shall be provided for ponding areas within
subdivisions.
2. Blocks.
A. Block length and width or acreage within bounding streets shall be such as to
accommodate the size of residential lot required in the area by the Zoning Chapter and
to provide for convenient access, circulation control and safety of street traffic.
B. Residential block lengths shall not exceed one-thousand three-hundred (1,300) feet.
Blocks intended for commercial and industrial use must be designed as such, and the
block must be of sufficient size to provide for adequate off-street parking, loading and
such other facilities as are required to satisfy the requirements of the Zoning Chapter of
the City Code.
c. A block shall be so designed as to provide two tiers of lots, unless it adjoins a railroad
or major thoroughfare where it may have a single tier of lots.
3. Lot Standards.
A. The lot dimensions shall be such as to comply with the minimum lot areas specified in
the Zoning Chapter.
B. Side lines of lots shall be substantially at right angles to straight street lines or radial to
curved street lines.
C. In the subdividing of any land, due regard shall be shown for all natural features, such
as tree growth, wetlands, steep slopes, watercourse, historic spots, or similar conditions,
and plans adjusted to preserve those which will add attractiveness, safety and stability
to the proposed development.
D. All remnants of lots below minimum size left over after subdividing of a larger tract
must be added to adjacent lots rather than allowed to remain as unusable parcels.
E. Double frontage (lots with frontage on two parallel streets) or reverse frontage shall not
be permitted except:
1. Where lots back on an arterial or collector street, in which case vehicular and
pedestrian access between the lots and arterial streets shall be prohibited Such
double frontage lots shall have an additional depth of at least twenty (20) feet in
order to allow space for screen planting along the back lot line.
2. Where topographic or other conditions render subdividing otherwise
unreasonable, such double frontage lots shall have an additional depth of at
least twenty (20) feet in order to allow space for screen planting along the back
lot line.
F. All lots must abut their full frontage on a publicly dedicated street.
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G. Rural service lots shall be designed in such a manner whereby septic tanks, drairrfields
and homes are located as to allow future subdivision of the land upon the requirement
of the City Engineer where future urban service expansion is probable. The City may
also require at the time of final subdivision approval that a covenant be recorded which
requires the placement of future structures in accordance with approved. preliminary
plat design. Whenever a parcel of land is subdivided into lots containing one or more
acres and there are indications that such lots may eventually be subdivided into smaller
plats, the Council may require that such parcel of land be divided so as to allow for the
future construction of streets and the extension of adjacent streets. Easements
providing for the future opening and extension of such streets may be made a
requirement of the plat.
H. All lots or parcels shall have direct adequate physical access for emergency vehicles
along the frontage of the lot or parcel from a public roadway
4. Bufferine: Residential Subdivisions Adjacent to Intermediate and Princival Arterial Roads.
A. In all residentially zoned areas determined by the Administrator to have significant
noise impact within one-hundred twenty-five (125) feet of the roadway right-of-way or
areas of noise impact estimated to maintain ambient decibel ratings of seventy (70)
DbA or greater, one or a combination of the following design requirements shall apply:
1. Lots adjacent to the roadway right-of-way shall be sized wherein a One-
hundred twenty-five (125) foot buffer strip be provided as additional setback to
lot depth or width standards supplementary to the minimum lot size and setback
of the zoning provisionsofthe applicable district.
An earth berm or other acceptable barrier technique shall be constructed to
abate noise impact adjacent to roadway right-of-way equal to or below the
seventy (70) DbA standard accompanied by the following:
a. A plan showing the existing and anticipated noise levels in DbA that are
or will be expected on the site and in the immediate vicinity of the site.
b. A description of the site plan construction techniques, architectural
designs, and other measures expected to be taken to reduce ambient
noise levels. Such description shall include sufficient plans and other
drawings to enable the City to accurately identify the noise reduction
measures expected to be taken.
B. Responsibility for any noise mitigation measures shall be the responsibility of the
developer, its successors and/or assigns. This responsibility shall be included and
clearly stated in plat approval resolutions or other relevant approval documents.
5. Bufferin2 Residential Dwellin2s Adiacent to Wetlands and Stormwater Ponds
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A. In all zoned areas where residential dwellings are adjacent to, or are within one-hundred
(100) feet of a wetland or stormwater pond, the following design requirements shall
apply:
1. All residential dwellings shall be at least thirty (30) feet horizontal from the
one-hundred (100) year high water level of the wetland or pond. Building
setbacks shall be in accordance with the latest addition of the City's Stormwater
Management Plan.
2. In commercial or industrial zoned areas where a stormwater pond is proposed to
be within one-hundred (100) feet of a residential dwelling, a fence shall be
installed along the property line separating the commercial zoned (or industrial
zoned) area and the residential property.
Sect. 11- Plan Standards
1. General Plan And Draftin2 Requirements.
A. Title Sheet
The title sheet shall include a project location map and an approval block for the City
Engineer (approved for one year from the date of signing).
B. Overall Plan
Incorporated in the set of plans shall be an overall plan duplicating the entire project
showing all proposed improvements with corresponding sheet numbers on each
separate sheet and index. An approval block for Shakopee Public Utilities
Commission shall be included on the overall plan sheet.
C. Standard Sheet
All drawings shall be submitted on standard sheets at standard scale.
Standard Sheet:
. Grading Plan - 22" x 34"
. Street and Utility Plan - 22" x 34"
Standard Scale:
. Horizontal 1" = 50'
. Vertical 1" = 5'
D. Plan
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North arrow, rights-of-way and width, property lines, lot and block numbers, street
names, utility lines and size, railroad track, ditches, easements and width, match lines
and reference sheet numbers shall be shown on all plan sheets. All roadway
improvements and utilities shall be tied to the centerline of City right-of-way, to the
centerline of a City easement, to subdivision corners, to Government land corners or
to Government land lines.
E. Profile
To be located directly below the plan with stationing aligned as closely as practical.
Original ground (dashed) and proposed if different (solid). Profile shall locate and
describe additional information required under the standards for the particular
improvement proposed. All utilities shall be shown in profile to include sanitary
sewer, watermain, storm sewer and storm sewer crossings.
F. Additional Sheets
Use standard sheet requirements with appropriate scales for additional sheets
required by the City Engineer and not covered by City of Shakopee Standard Detail
Plates or approved Mn/DOT Standard Plates. More than one (I) sheet may be
necessary. Additional sheets. may include, but are not limited to, unique proiect
details, signage and striping, landscaping, Swppp, turn lane construction, box
culvert construction, etc.
G. Benchmark
Description on each sheet, elevation, USGS 1929 datum, tie to City bench loop,
description.ofCity benchmark to which it is tied.
H. Title Block
Shall include the name of project, subdivision or planned building group or street, as
applicable and type of utility or roadway and the name, address, zip, telephone of the
Engineer and developer.
I. Certification
Certification signature and registration number of Professional Engineer on each
sheet.
J. Required Notes
These notes shall appear on the cover sheet. If no cover sheet, they shall be put on
every sheet submitted for approval.
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. All work shall be done in accordance with the City of Shakopee's General
Specifications and Standard Detail Plates for Street and Utility Construction.
. The contractor shall install a steel marker post at the end of each sanitary
sewer service. The developer shall provide GPS coordinates of each marker
post and GPS coordinates of each sanitary sewer service wye. Pinal record
drawings submitted to the City shall have a table identifying each sanitary
sewer service with the aforementioned GPS coordinates.
2. Record Plan Requirements.
A. Record plans must submitted on mylar sepias from inked and clearly legible
drawings. At a minimum. two (2) electronic copies in AutoCAD and Adobe Acrobat
formats must be submitted with datum on the Scott County coordinate system.
Specific electronic formats and/or versions will be determined by the City Engineer.
B. The record plans shall. at a minimum. include the following information:
. Locations and top of casting and invert elevations of all sanitary sewer and
storm sewer structures and appurtenances.
. Locations and top-nut elevations for all fire hydrants.
. Locations and elevations for all gate valves.
. Revised pipe slopes. lengths and materials (if applicable ).
. Revised horizontal locations of all street and utility improvements.
. Additional notes as required by the City Engineer.
c. Sanitary Sewer Services
. GPS coordinates at the end of all sanitary services and curb stop locations
must be provided in a tabular format.
. Stationing of sanitary sewer wyes shall be indicated.
. All sanitary services shall be shown on the record plan with length, size,
elevation, and pipe type noted. Indicate if jacked.
. If sanitary sewer wye only is constructed, it shall be noted as "Wye Only"
after the stationing.
. The approximate invert elevation at the forty-five (45) degree bend of all
sanitary sewer service stubs shall be shown on the plans. If deep risers are
placed, the height of each shall be indicated on the plans and each shall be
drawn on the profile, and the height of the risers indicated.
D. Water Services
. GPS coordinates at the end of all sanitary services and curb stop locations
must be provided in a tabular format.
. Stationing of water corporation cock shall be indicated.
. All water services shall be shown with length, size and pipe type noted.
Indicate if jacked.
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. All curb stop boxes shall be tied at the property line with at least two ties
using the following priority:
0 Sanitary sewer manholes
0 Hydrants
0 Storm sewer manholes
0 Catch basins
0 Power transformers
0 Building comers
E. Watermain Fittings
All water fittings should be labeled as to size and type such as bends, ties, plugs, etc.
F. Gate Valves
All gate valves shall be tied with at least two ties using the following priority:
. Fire hydrants.
. Manholes.
. Catch basins, if curb and gutter are in.
. Buildings or other permanent structures.
. Telephone pedestals.
. Power poles, trees, other semi-permanent items.
. Stationing from hydrants, manholes, catch basins, if over one-hundred (100)
feet.
. All ties should be less than two-hundred (200) feet whenever possible.
G. Fire Hydrants
All fire hydrants shall have a benchmark elevation shown for the top-nut of the fire
hydrant.
H. All structures shall have the top of casting elevation and invert elevations shown.
I. Streets
Street record "as-built" plans/drawings shall include a typical street section and
horizontal and vertical curve data.
J. Miscellaneous
The following information shall be shown on every sheet;
. Contractor's name
. Construction observer's name
. Project engineer's name
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K. Sanitary Sewer Televising
The contractor must televise the entire sanitary sewer system and provide the City
with one DVD of the sanitary sewer system along with a televising report. The
report shall include the locations of all service wyes.
L. Operations Record Plan
An Operations Record Plan must be submitted to the City and to SPUC and
approved by each entity prior to issuance of building permits in addition to the model
building permit. The plan must include. at a minimum. the following information:
. Information as required in Sections A. B. C D. E and H above.
. Information as required by the SPUC Water Policy Manual.
The City Engineer mav require additional information and increase
the minimum requirements on any project.
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