4.8 SR 01-02-2024 - Laserfiche WebLink

Home Browse Search

(03) Changes in Official Controls. For two (2) years from the date of this Agreement, no amendments to the City’s Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Development unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 3. Right to Proceed. Within the Subdivision, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or 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 has been received by the City; (3) the necessary insurance for the Developer and its construction contractors has been received by the City; (4) the final plat for the Subdivision has been filed with the office of the Sherburne County Recorder or Registrar of Titles, and (5) all required permits are secured and a copy filed with the City Engineer. 4. Development Plans. The Subdivision shall be developed in accordance with the following plans (The Plans). The Plans shall not be attached to this Agreement. With the exception of Plans A, B and E the Plans may be prepared, subject to the City Engineer’s approval, after entering into this Agreement, but before commencement of any work in the Development. The City Engineer may approve minor amendments to Plan B without City Council approval. If the Plans vary from the written terms of this Contract, the written terms shall control. The Plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan & SWPPP Plan C - Plans and Specifications for Public Improvements Plan D - Street Lighting Plan Plan E - Landscape Plan Plan F – Storm water Management Plan detailing long term ownership, maintenance schedules and procedures for all stormwater facilities as required by the City’s MS4 permit Plan G – Development and tree preservation plan required by Section 13 hereto 5. Improvements. In accordance with the application materials submitted by Developer, the preliminary and final plats of the Subdivision, the City Council Resolution attached as Exhibit A hereto, and the applicable standards and ordinances of the City, the following described Improvements (the Improvements) shall be constructed and installed on the terms and conditions hereinafter contained: (01) Site grading to elevations shown in the approved grading and drainage plan and construction of retaining walls (Site Grading); (02) Streets, as required by the City, including grading, graveling and stabilizing, constructing and vegetating of berms, swales and boulevards, planting trees on boulevards, permanent street surfacing with bituminous material, installing concrete curbs, gutters and driveway approaches, and installing traffic control street signs as required the City Engineer and installing street lights as required by the local utility (Street Improvements) ; 2