Subdivision Ordinance February 1991 - August 1995M I N
Subdivision
UPDATED THROUGH AUGUST 1995
NORTHWEST ASSOCIATED CONSULTANTS I N C .
CHAPTER 21
SUBDIVISIONS
Table of Contents Section Page
General Subdivision Provisions ................... 1 1
Minor Subdivisions ............................... 2 14
Procedures for Filing and Review ................. 3 16
Premature Subdivisions ........................... 4 23
Disqualification/Denial of Plats ................. 5 26
Plat and Data Requirements ....................... 6 28
Subdivision Design Standards ..................... 7 36
Construction Standards ........................... 8 57
Required Improvements and Financial Arrangement.. 9 64
Administration and Enforcement ................... 10 70
CHAPTER 21
SUBDIVISIONS
Subject Index
Administration and Enforcement ......................
ConstructionStandards ..............................
Disqualification/Denial of Plats ...................
General Subdivision Provisions ......................
MinorSubdivisions ..................................
Platand Data Requirements ..........................
Premature Subdivisions ..............................
Procedures for Filing and Review ....................
Required Improvements and Financial Arrangement.....
Subdivision Design Standards ........................
Section Page
8 57
5 26
2 14
6 28
4 23
7 36
SECTION:
21-1-1:
21-1-2:
21-1-3:
21-1-4:
21-1-5:
21-1-6:
21-1-7:
21-1-8:
21-1-9:
21-1-10:
21-1-11:
SECTION 1
GENERAL SUBDIVISION PROVISIONS
Purpose
Scope of Legal Authority
Administration
Amendments
Approvals Necessary for Acceptance
Conditions for Recording
Building Permits
Separability
Interpretation
Flood Prone Lands
Definitions
of Subdivision Plats
21-1-1: PURPOSE: All subdivisions of land hereafter submitted
shall fully comply in all respects with the regulations
to:
A. Provide for and guide the orderly, economic and safe
development of land, urban services and facilities.
B. Encourage well -planned, efficient and attractive
subdivisions by establishing adequate and impartial
standards for design and construction.
C. Provide for the health, safety and welfare of residents
by requiring the necessary services such as properly
designed streets and adequate sewage and water service.
D. Place the cost of improvements against those
benefitting from their construction.
E. Secure the rights of the public with respect to public
lands and waters.
F. Set the minimum requirements necessary to protect the
public health, safety, comfort, convenience and general
welfare.
21-1-2: SCOPE OF LEGAL AUTHORITY:
A. The rules and regulations governing plats and
subdivision of land contained herein shall apply within
the boundaries of the City of Otsego. This Chapter is
not intended to repeal, annul or in any way impair or
interfere with existing provisions of other laws,
ordinances or with restrictive covenants running with
the land except those specifically repealed by or in
conflict with this Chapter.
B. The City shall have the power and authority to review,
amend and approve subdivisions of land already recorded
and on file with Wright County if such plats are
entirely or partially undeveloped.
21-1-3: ADMINT5TRATION: This Chapter shall be administered by
the Zoning Administrator who is appointed by the City
Council.
21-1-4: AMENDMENTS: The provisions of this Chapter shall be
amended by the City following a legally advertised
public hearing before the Planning Commission and in
accordance with the law, including the rules and
regulations of any applicable state or federal agency.
21-1-5: APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION
PLATS: Before any plat or subdivision of land shall be
recorded or be of any validity, it shall be referred to
the City Planning Commission and approved by the City
Council of Otsego as having fulfilled the requirements
of this Chapter.
21-1-6: CONDITIONS FOR RECORDING: No plat or subdivision shall
be entitled to be recorded in the Wright County
Recorder's Office or have any validity until the plat
thereof has been prepared, approved, and acknowledged
in the manner prescribed by this Chapter.
21-1-7: BUILDING PERMITS: No building permits shall be issued
by the City of Otsego for the construction of any
building, structure or improvement to the land or to
any lot in a subdivision as defined herein, until all
requirements of this Chapter have been fully complied
with.
21-1-8: SEPARABILITY: If any section, subsection, sentence,
clause or phrase of this Chapter is for any reason
found to be invalid, such decision shall not affect the
validity of the remaining portions of this Chapter.
21-1-9: INTERPRETATION: The language set forth in the text of
this Chapter shall be interpreted in accordance with
the following rules of construction:
A. The singular number includes the plural, and the plural
the singular.
B. The present tense includes the past and the future
tenses, and the future the present.
C. The word "shall" is mandatory while the word "may" is
permissive.
D. Where the conditions imposed by any provisions of this
Chapter are either more restrictive or less restrictive
than comparable conditions imposed by any other law,
ordinance, code, statute, resolution or regulation, the
regulations which are more restrictive or impose higher
standards or requirements shall prevail.
E. All measured distances shall be expressed in feet and
decimals of feet.
21-1-10: FLOOD PRONE LANDS:
A. Warning and Disclaimer of Liability for Flooding: This
Chapter does not imply that areas outside flood plain
areas or land uses permitted within such districts will
be free from flooding or flood damages. This Chapter
shall not create liability on the part of the City of
Otsego or any officer or employee thereof for any flood
damages that result from reliance on this Chapter or
any administrative decisions lawfully made thereunder.
No responsibility or liability shall arise from the
design or operation of subdivision drainage facilities
dedicated to the City of Otsego until the City has
accepted such dedication.
B. Subdivision Flooding and Flood Control: No land shall
be subdivided if the Council finds the land unsuitable
for subdividing due to flooding, inadequate drainage,
water supply, or sewage treatment facilities in
accordance with this Chapter and the Zoning Ordinance.
Any building sites on lots within the flood plain
district shall be at or above the regulatory flood
protection elevation in accordance with this Chapter
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and the Zoning Ordinance. All subdivisions shall have
water supply and sewer disposal facilities that comply
with the provisions of this Chapter, and any applicable
building, health or safety codes, including the
Minnesota State Building Code. All subdivisions shall
have road access both to the subdivision and to the
individual building sites no lower than two (21) feet
below the regulatory flood protection elevation. Each
of the above requirements shall take into consideration
the 100-year flood profile and other supporting
technical data in the Flood Insurance Study and the
Flood Insurance Rate Map.
C. Public Utilities: All public utilities and facilities
such as gas, electrical, telephone, sewer, and water
supply systems to be located in the flood plain shall
be elevated or floodproofed in accordance with the
Minnesota State Building Code to an elevation no lower
than the regulatory flood protection elevation, in
accordance with state and federal agency regulations
and the City's Zoning Ordinance Floodplain District.
D. Public Transportation Facilities: Railroad tracks,
roads and bridges to be located within the Floodway
District shall comply with this Chapter and the Zoning
Ordinance. Elevation to the regulatory flood
protection elevation shall be provided where failure
and interruption of these transportation facilities
would result in danger to the public health or safety
or where such facilities are essential to the orderly
functioning of the area. Minor or auxiliary railroad
tracks, roads, or bridges may be constructed at a lower
elevation where failure or interruption of
transportation services would not endanger the public
health or safety and as long as such construction is
in accordance with the rules and regulations of the
Department of Natural Resources, State of Minnesota,
the Federal Emergency Management Agency, and the City
Zoning Ordinance Floodplain District.
21-1-11: DEFINITIONS: Except for those words and phrases
defined below, the words and phrases used in this
Chapter shall be interpreted to be given the meaning in
common usage, so as to give this Chapter its most
reasonable application.
A. Alley: A public or private right-of-way primarily
designed to serve as secondary access to the side or
rear of those properties whose principal frontage is on
a street.
C�
B. Applicant: The owner, their agent, or other person
having legal control, ownership and/or interest in the
land proposed to be subdivided.
C. Attorney: The attorney employed or retained by the
City, unless otherwise stated.
D. Base Lot: A lot meeting all the specifications within
its zoning district prior to being divided into a
subdivision of single family attached units.
E. Bikeway: A public right-of-way or easement across a
block or within a block to provide access for
bicyclists and in which a path or trail may be
installed.
F. Block: An area of land within a subdivision that is
entirely bounded by streets, or by streets and the
entire boundary or boundaries of the subdivision, or a
combination of the above with a river or lake.
G. Boulevard: The portion of the street right-of-way
between the curb line and the property line.
H. Building: Any structure built for the support, shelter
or enclosure of persons, animals, chattel or movable
property of any kind, and includes any structure.
I. Butt Lot: A lot at the end of a block, located between
two corner lots.
J. Certificate of Survey: A document prepared by a
Registered Engineer or Registered Land Surveyor which
precisely describes area, dimensions and location of a
parcel or parcels of land.
K. City: The City of Otsego.
L. Clerk: The Otsego City Clerk,
M. Comprehensive Plan: A comprehensive plan prepared and
approved by the City, including a compilation of policy
statements, goals, standards, fiscal guidelines, and
maps indicating the general locations recommended for
the various functional classes of land use, places and
structures, and for the general physical development of
the City, including any unit or part of such plan
separately adopted and any amendment to such plan or
parts thereof.
N. Contour Map: A map on which irregularities of land
surface are shown by lines connecting points of equal
elevations. "Contour_ interval" shall mean the vertical
height between contour lines.
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0. Copy: A print or reproduction made from a tracing.
P. Council: The City Council of Otsego, Minnesota.
Q. County: Wright County, Minnesota.
R. Design Standards: The specifications to landowners or
those proposing to subdivide land for the preparation
of plats, both preliminary and final, indicating among
other things, the optimum, minimum or maximum
dimensions of such items as rights -of -way, blocks,
easements and lots.
S. Development: Acts relating to subdividing land,
platting land, building structures and installing site
improvements.
T. Double Frontage Lot: A lot other than a corner lot
which has a property line abutting on one street and an
opposite property line abutting on another non -
intersecting street.
U. Drainage Course: A water course or surface area for
the drainage or conveyance of surface water.
V. Easement: A grant by an owner of land for a specific
use by persons other than the owner.
W. Engineer: The registered engineer employed or retained
by the City, unless otherwise stated.
X. Final Plat: A drawing or map of a subdivision, meeting
all of the requirements of the City and in such form as
required by Wright County for the purpose of recording.
Y. Flood Related:
1. Accessory Use or Accessory Structure: A use or
structure in the same lot with, and of a nature
customarily incidental and subordinate to, the
principal use or structure.
2. Equal Degree of Encroachment: Method of
determining the location of encroachment lines so
that the hydraulic capacity of flood plain lands
on each side of a stream are reduced by an equal
amount when calculating the increases in flood
stages due to flood plain encroachments.
3. FEMA: Federal Emergency Management Agency.
4. Flood: A temporary rise in stream flow or stage
that results in inundation of the ares adjacent to
the channel.
5. Flood Frequency: The average frequency,
statistically determined, for which it is expected
that a specific flood stage or discharge may be
equalled or exceeded.
6. Flood Fringe: That portion of the flood plain
outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in
the Flood Insurance Study for the City.
7. Flood Hazard Areas: The areas included in the
floodway and flood fringe as indicated on the
official zoning map and the Flood Insurance Study
and Flood Insurance Rate Map which have been
officially adopted by the City.
8. Flood Insurance Rate Map: The most recent Flood
Insurance Rate Map prepared by the Federal
Emergency Management Agency for the City, and as
applicable and allowed by law, the Flood Insurance
Rate Map prepared by the Federal Emergency
Management Agency for the County of Wright and
dated August 4, 1988, as may be amended.
9. Flood Insurance Study: The most recent Flood
Insurance Study prepared for the City by the
Federal Emergency Management Agency and, as
applicable and allowed by law, the Flood
Insurance Study prepared by the Federal Emergency
Management Agency for the County of Wright and
dated August 4, 1988, as may be amended.
10. Floodplain: The areas adjoining a watercourse
which have been or hereafter may be covered by the
100-year flood as determined by the use of the
100-year flood profile and other supporting
technical data in the Flood Insurance Study, or in
any other officially adopted City flood study.
11. Floodproofing: A combination of structural
provisions, changes or adjustments to properties
and structures subject to flooding primarily for
the reduction or elimination of flood damages to
properties, water and sanitary facilities,
structures and contents of buildings in a flood
hazard area in accordance with the Minnesota State
Building Code.
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12. Floodway: The channel of the watercourse and
those portions of the adjoining flood plains which
are reasonably required to carry and discharge the
regional flood determined by the use of the 100-
year flood profile and other supporting technical
data in the Flood Insurance Study, or in any other
officially adopted City flood study.
13. Obstruction: Any dam, wall, wharf, embankment,
levee, dike, pile, abutment, projection,
excavation, channel rectification, culvert,
building, wire, fence, stockpile, refuse, fill,
structure or matter in, along, across or
projecting into any channel, watercourse or
regulatory flood hazard area which may impede,
retard or change the direction of the flow of
water, either in itself or by catching or
collecting debris carried by such water, or that
is placed where the flow of water might carry the
same downstream to the damage of life or property.
14. 100-Year Flood: A flood which is representative
of large regional floods known to have occurred
generally in Minnesota and reasonably
characteristic of what can be expected to occur on
an average frequency in the magnitude of the 100-
year recurrence interval as determined by the use
of the 100-year flood profile and other supporting
technical data in the Flood Insurance Study, or in
any other officially adopted City flood study.
15. Reach: A hydraulic engineering term to describe a
longitudinal segment of a stream or river
influenced by the natural or manmade obstruction.
In an urban area, the segment of a stream or river
between two (2) consecutive bridge crossings would
be typical of a reach.
16. Regulatory Flood Protection Elevation: A point
not less than one foot (1') above the water
surface profile associated with the 100-year flood
as determined by the use of the 100-year flood
profile and supporting technical data in the Flood
Insurance Study plus any increase in flood
heights attributable to encroachments on the flood
plain. It is the elevation to which uses
regulated by this Chapter are required to be
elevated or floodproofed.
17. Structure: Anything erected with a fixed location
on the ground, or attached to something having a
fixed location on the ground or in the ground in
the case of earth sheltered buildings. Among
other things, structures include buildings,
factories, sheds, detached garages, cabins,
manufactured homes, walls, fences, billboards,
poster panels and other similar items.
Z. Governing Body: The Otsego City Council.
AA. Key Map: A small scale map which definitively shows
the area proposed to be platted in relation to known
geographical features (e.g., regional feature,
community centers, lakes and streets).
BB. Lot: A parcel or portion of land in a subdivision or
plat of land separated from other parcels or portions
by description, as on a subdivision or record of survey
map, for the purpose of sale or lease or separate use
thereof.
CC. Lot, Corner: A lot situated at the intersection of two
(2) streets, the interior angle of such intersection
not exceeding one hundred thirty-five (135) degrees.
DD. Lot Improvement: Any building, structure, work of
art, or other object, or improvement of the land on
which they are situated constituting a physical
betterment of real property, or any part of such
betterment.
EE. Metes and Bounds Description: A description of real
property which is not described by reference to a lot
or block shown on a map, but is described by starting
at a known point and describing the bearings and
distances of the lines forming the boundaries of the
property or delineating a fractional portion of a
section, lot or area by described lines or portions
thereof.
FF. Multiple family dwelling: A dwelling containing more
than two separate living units.
GG. Natural Water Way: A natural passageway on the surface
of the earth, so situated and having such a
topographical nature that surface water flows through
it from other areas before reaching a final ponding
area. The term also shall include all drainage
structures that have been constructed or placed for the
purpose of conducting water from one place to another.
HH. Outlot: A lot remnant or parcel of land left over
after platting, which is intended as open space or
other future use, for which no building permit shall be
issued.
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II. Owner: An individual, association, syndicate,
partnership, corporation, trust or any other legal
entity holding an equitable or legal ownership interest
in the land sought to be subdivided.
JJ. Parcel: An individual lot or tract of land.
KK. Parks and Playgrounds: Public land and open space in
the City dedicated or reserved for recreational
purposes.
LL. Pedestrian Way: A public right-of-way or easement
across a block or within a block to provide access for
pedestrians and which may be used for the installation
of paths or trails.
MM. Percentage of Grade: Along a center line of a street,
the change in vertical elevation in feet and tenths of
a foot for each one hundred feet (1001) of horizontal
distance, expressed as a percentage.
NN. Person: Any individual or legal entity.
00. Planning Commission: The Otsego Planning Commission.
PP. Preliminary Plat: A detailed drawing or map of a
proposed subdivision meeting the requirements herein
enumerated submitted to the Planning Commission and
governing body for their consideration, in compliance
with the Comprehensive Plan, along with the required
supporting data.
QQ. Private Street: A street serving as vehicular access
to two (2) or more parcels of land which is not
dedicated to the public and is owned by one or more
private parties.
RR. Protective Covenants: Contracts entered into between
all owners and holders of mortgage constituting a
restriction on the use of property within a subdivision
for the benefit of the property owners.
SS. Public Improvement: Any drainage ditch, roadway,
parkway, street, sanitary sewer, storm sewer, water
system, sidewalk, pedestrian way, tree, lawn, off-
street parking area, lot improvement or other facility
for which the City may ultimately assume ownership,
responsibility for maintenance and operation, or which
may affect an improvement, for which local government
responsibility is or may be established.
TT. Quadraminiums: Single structures which contain four
(4) subdivided dwelling units all of which have
individually separate entrances from the exterior of
the structure.
UU. Reserve Strips: A narrow strip of land placed between
lot lines and streets to control access.
VV. Right -of -Way: Land acquired by reservation or
dedication intended for public use, and intended to be
occupied or which is occupied by a street, trail,
railroad, utility lines, oil or gas pipeline, water
line, sanitary sewer, storm sewer or other similar
uses.
W. Roadway: The portion of street right-of-way improved
for vehicular travel.
* WWl. Rural Service Area: That portion of the City, as
defined by the Comprehensive Plan, which is currently
and is intended to remain rural and agricultural in
character and development.
XX. Setback: The distance between a building and the
property line nearest thereto.
YY. Single family detached dwelling: A dwelling which is
designed and constructed for and occupied by not more
than one family and surrounded by open space or yards
and which is not attached to any other dwelling by any
means.
ZZ. Sketch Plan: A drawing showing the proposed
subdivision of property. This plan shall be drawn to
scale and dimensioned, however, exact accuracy is not a
requirement.
AAA. Street: A public right-of-way for vehicular traffic,
whether designated as a highway, thoroughfare,
arterial, parkway, collector, through -way, road,
avenue, boulevard, lane, place, drive, court or
otherwise designated, which has been or is proposed to
be dedicated or deeded to the public for public use and
which affords principal means of access to abutting
property.
BBB. Streets, Arterial: Those streets carrying larger
volumes of traffic and serving as links between various
sub -areas of the City. Arterial streets are intended
to provide for collection and distribution of traffic
between highways and collector streets; hence
regulation of direct access to property is critical.
CCC, Streets, Collector: Those streets which carry traffic
from local streets to the major system of arterials and
highways. Collector streets primarily provide
principal access to residential neighborhoods,
including, to a lesser degree direct land access.
* Amended by Ordinance No. 91-14, 12 August 1991
11
DDD. Streets, Cul-De-Sac: A local street with only one
outlet and having an appropriate terminal for the safe
and convenient reversal of traffic movement.
EEE. Streets, Local: A street whose primary function is to
provide direct access to abutting property containing
single-family dwellings and which, by design, is
usually a two-lane road with parking permitted within
the roadway.
FFF. Streets, Marginal Access (Frontage Road): Those local
streets which are parallel and adjacent to high volume
arterial street and highways; and which provide access
to abutting properties and protection from through
traffic.
GGG. Street, Right -of -Way Width: The shortest distance
between the lines delineating the right-of-way of a
street.
HHH. Structure: Anything erected with a fixed location on
the ground, or attached to something having a fixed
location on the ground or in the ground. Among other
things, structures include buildings, manufactured
homes, walls, fences, billboards, swimming pools, and
poster panels.
III. Subdividing: The process of effecting subdivision.
JJJ. Subdivision: The separation of an area, parcel or
tract of land under single ownership into two (2) or
more parcels, tracts, lots or long-term leasehold
interests where the creation of the leasehold interest
necessitates the creation of streets, roads or alleys
for residential, commercial, industrial or other use or
any combination thereof. This term includes
resubdivision and, where appropriate to the context,
shall relate to the process of subdividing or to the
land subdivided. Subdivision shall apply as outlined
herein except for these separations:
1. Where the resulting parcels, tracts, lots or
interests will be twenty (20) acres or larger in
size and five hundred feet (500') in width for
residential uses and five (5) acres or larger in
size of commercial and industrial uses;
2. Creating cemetery lots;
3. Resulting from court orders or the adjustment of a
lot line by the relocation of a common boundary.
KKK. Surveyor: A land surveyor registered under Minnesota
State laws.
12
e�
LLL. Townhouses: Structure housing three (3) or more
dwelling units contiguous to each other only by the
sharing of one (1) common wall, such structures to be
of the town or row houses type as contrasted to
multiple apartment structures.
MMM. Tracing: A plat or map drawn on transparent paper,
film, or cloth which can be reproduced by using regular
reproduction procedure.
NNN. Two -Family Dwelling: A dwelling designed exclusively
for occupancy by two (2) families living independently
of each other.
000. Unit Lots: Lots created from the subdivision of single
family attached dwellings having different minimum lot
size requirements than the conventional base lot within
the zoning district.
001. Urban Service Area: That portion of the City, as
geographically defined by the Comprehensive Plan, which
is or has the future potential for development at urban
densities and/or urban uses and in which urban
improvements may be required.
PPP. Zoning Administrator: The person duly appointed by the
City Council as the individual charged with the
responsibility of administering and enforcing this
Chapter.
QQQ. Zoning Ordinance: The Zoning Ordinance or resolution
controlling the use of land as adopted by the City.
* Amended by Ordinance No. 91-14, 12 August 1991
13
SECTION 2
MINOR SUBDIVISIONS
SECTION:
21-2-1: Qualification
21-2-2: Content and Date Requirements
21-2-3: Design Standards
21-2-4: Processing
21-2-1: QUALIFICATION: This Section shall apply to the
following applications:
A. In the case of a request to divide a portion of a lot
where the division is to permit the adding of a parcel
of land to an abutting lot so that no additional lots
are created and both new lots conform to zoning
ordinance lot size minimum standards.
B. In the case of a request to combine two (2) existing
platted lots.
Co In the case of a request to divide a lot from a larger
tract of land and thereby creating no more than two
lots, both of which conform to Zoning Ordinance minimum
standards. To qualify, the parcel of land shall not
have been part of a minor subdivision within the last
five (5) years.
D. In the case of a request to divide a base lot which is
a part of a recorded plat on which has been constructed
a two-family dwelling, townhouse or quadraminium, where
the division is to permit individual private ownership
of a single dwelling unit within such a structure and
the newly created property lines will not cause any of
the unit lots or the structure to be in violation of
this Chapter, the Zoning Ordinance, or the State
Building Code.
21-2-2: CONTENT AND DATA REQUIREMENTS:
A. Certificate of Survey: The requested minor division
shall be prepared by a registered land surveyor in the
form of a Certificate of Survey.
B. Property Description and Submission Information: The
data and supportive information detailing the proposed
subdivision shall be the same as required for a
preliminary plat as described in Section 6 of this
Chapter. Exceptions, as stipulated in writing, may be
granted by the Zoning Administrator.
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21-2-3. DESIGN STANDARDS: The minor subdivision shall conform
to all design standards as specified in this Chapter.
Any proposed deviation from said standards shall
require the processing of a variance request.
21-2-4: PROCESSING:
A. If the land division involves property which has been
previously platted, or the total property area included
is greater than ten (10) acres, the Zoning
Administrator may approve the subdivision, provided
that it complies with applicable provisions of this
Chapter.
* B. In the case of applications involving property lying
within the Urban Service Area, which has not been
previously platted, and is less than ten (10) acres in
total area, applicable processing provisions of Section
21-3-2, Preliminary Platting shall be followed.
* C. In the case of applications involving property lying
within the Rural Service Area which has not been
previously platted and is less than ten (10) acres in
total area, the Zoning Administrator may approve the
subdivision, provided it complies with applicable
provisions of this Chapter.
* Amended by Ordinance No. 91-14, 12 August 1991
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SECTION 3
PROCEDURES FOR FILING AND REVIEW
SECTION:
21-3-1: Pre -Application Meeting
21-3-2: Preliminary Plat
21-3-3: Final Plat
*21-3-1: PRE -APPLICATION MEETING: Prior to the preparation of a
preliminary plat, the applicant shall meet with the
proper City officials in order to be made aware of all
applicable ordinances, regulations and plans in the area
to be subdivided. At such time or at subsequent
meetings, the applicant shall submit four (4) large scale
copies and one (1) reduced scale (8 1/2" x 11") copy of
a sketch plan of the proposed subdivision to include
future phases and an estimated time table for
development.
21-3-2:
* A
In cases when the sketch plan is referred to the Planning
Commission and City Council, the applicant shall submit
five (5) large scale and thirteen (13) reduced scale (not
less than 11" x 17") copies of the sketch plan. If, in
the opinion of the Zoning Administrator, reduced scale
drawings (11" x 17") are determined to be illegible, the
submission of larger scale materials shall be required.
The scale of such materials shall be the minimum
necessary to ensure legibility. The plan shall show the
proposed layout of streets to include adjacent or
connecting streets, lots, proposed playgrounds and parks,
unique land characteristics, general topography, 100-year
flood contour line, major drainage patterns, and
demonstrate that the proposed subdivision has shown
consideration to the adjacent land uses and community
facilities that would serve it. Additional written data
shall include approximate number of lots, typical lot
width and depth, and what zoning changes would be
required.
The Zoning Administrator shall have the authority to
refer the sketch plan to the Planning Commission and/or
City Council for review and informal comment.
PRELIMINARY PLAT:
After the pre -application meeting and following City
review of the sketch plan, the applicant shall prepare a
request for subdivision, as provided within this Chapter,
and shall be filed with the City on an official
application form. Such application shall be accompanied
by a fee as provided for by City Council Resolution.
Such application shall also be accompanied by five (5)
large scale copies and thirteen (3) reduced scale (not
less than 11" x 17") copies of a preliminary plat and
supportive information in conformity with requirements of
13 Dec. 1993 Ord. No. 93-14 & 10 Oct. 1994 Ord. No. 94-13
this Chapter. If, in the opinion of the Zoning
Administrator, reduced scale drawings (11" x 1711) are
determined to be illegible, the submission of larger
scale materials shall be required. The scale of such
materials shall be the minimum necessary to ensure
legibility. The request for subdivision shall be placed
on the agenda of the first possible Planning Commission
meeting occurring after fifteen (15) working days from
the date of submission.
B. The applicant shall supply proof of title and the legal
description of the property for which the subdivision is
requested, consisting of an abstract of title or
registered property abstract currently certified together
with any unrecorded documents whereby the petitioners
acquire a legal ownership or equitable ownership interest
and as applicable, supply documented authorization from
the owners) of the property in question to proceed with
the requested subdivision.
C. The applicant shall submit any necessary applications for
variances from the provisions of this Chapter, as set out
I
n Section 21-10-4. The preliminary plat shall be
considered as being officially submitted only when all of
the information requirements are complied with and the
appropriate fees paid.
D. Upon receipt of the completed application as outlined in
A, B and C above, the City Clerk shall set a public
hearing for public review of the preliminary plat by the
Planning Commission. The hearing shall be within forty-
five (45) days of the completed filing of the
application. Notice of the hearing may be a legal or
display advertisement and shall consist of a legal
property description, description of request and shall be
published in the official newspaper at least ten (10)
days prior to the hearing. Written notification of the
hearing shall be mailed at least ten (10) days prior to
the hearing. Requests affecting and located within
platted areas of the City shall be noticed to all
property owners within three hundred fifty (350) feet of
the property in question. Requests affecting and located
within non -platted areas of the City shall be noticed to
all property owners within five hundred (500) feet of the
property in question. A copy of the notice and a list of
the property owners and addresses to which the notice was
sent shall be attested and made a part of the records of
the proceeding.
E. Failure of a property owner to receive said notice shall
not invalidate any such proceedings as set forth within
this Section provided a bona fide attempt has been made
to comply with the notice requirements of this Section.
17
F. The Zoning Administrator shall instruct the staff as
appropriate to prepare technical reports and provide
general assistance in preparing a recommendation on the
action to the City Council. This may include the City
Planner, City Engineer, City Building Official, the City
Attorney, or public or private utility departments, among
others.
G. The City shall refer copies of the preliminary plat to
County, State or other public jurisdictions for their
review and comment, where appropriate and when required.
H. The City Council, Planning Commission, and City Staff
shall have the authority to request additional
information from the applicant concerning the proposed
subdivision and its operational factors or impact, or to
retain expert testimony with the consent and at the
expense of the applicant concerning operational factors
or impacts, when said information is to be declared
necessary to establish performance conditions in relation
to all pertinent sections of this Chapter. Failure on
the part of the applicant to supply all necessary
supportive information may be grounds for denial of the
request.
I. The applicant or a designated representative thereof
shall appear before the Planning Commission at the public
hearing in order to answer questions concerning the
proposed request.
J. The Planning Commission shall report its findings and
make its recommendation to the City Council no later than
forty (40) days after the close of public hearing
described in D above. If the Planning Commission has not
acted upon the preliminary plat within forty (40) days
following the close of public hearing, the Council may
act on the preliminary plat without the Planning
Commission's recommendation.
K. City Council Action:
1. Upon completion of the report and recommendation of
the Planning Commission, the request shall be
placed on the agenda of the City Council. Such
reports and recommendations shall be entered in and
made part of the permanent written record of the
City Council meeting.
2. Upon receiving the report and recommendation of the
Planning Commission and City Staff, the City
Council shall have the option to set and hold a
public hearing if deemed necessary and shall make a
recorded finding of fact and may impose any
condition it considers necessary to protect the
public health, safety and welfare.
3. The Council shall approve or disapprove the
preliminary plat within one hundred twenty (120)
days following delivery of an application
completed in compliance with this Chapter unless
an extension of the review period has been agreed
to by the applicant and the City.
upon receiving said reports and
recommendations of the Planning Commission and
City Staff, the City Council finds that specific
inconsistencies exist in the review process and
thus the final decision of the City Council will
differ from the recommendation of the Planning
Commission, the City Council may before taking
final action, refer the matter back to the
Planning Commission for further consideration.
The City Council shall provide the Planning
Commission with a written statement detailing the
specific reasons for referral. This procedure
shall be followed only one time on a singular
action.
5. If the preliminary plat is not approved by the
City Council, the reasons for such action shall be
recorded in the proceedings of the Council and
shall be transmitted to the applicant. If the
preliminary plat is approved, such approval shall
not constitute final acceptance of the design and
layout. Subsequent approval will be required of
the engineering proposals and other features and
requirements as specified by this Chapter to be
indicated on the final plat. The City Council may
impose such conditions and restrictions as it
deems appropriate or require such revisions or
modifications in the preliminary plat or final
plat as it deems necessary to protect the health,
safety, comfort, general welfare and convenience
of the City.
6. The City Council reserves the right to decline
approval of a preliminary plat if due regard is
not shown for the preservation of all natural
features, such as topography, trees, water
courses, scenic points, prehistoric and
historical spots, and similar community assets
which, if preserved, will add attractiveness and
stability to the proposed development of the
property.
7. Following City Council approval of a preliminary
plat, the applicant must submit a final plat to
the City within one hundred (100) days of
preliminary approval unless otherwise specified as
21-3-3:
*
extension is submitted in writing by the applicant
thirty (30) days prior to the lapse of approval and
subsequently approved by the City Council.
8. Should the applicant desire to amend a preliminary
plat as approved, an amended preliminary plat may
be submitted. The City may require the applicant
to follow the same procedure as a new preliminary
plat. No public hearing will be required unless
the amendment, in the opinion of the City, is of
such scope as to constitute a new preliminary plat.
A filing fee as established by the City shall be
charged for the amendment processing.
FINAL PLAT:
A. After the preliminary plat has been approved, a final
plat shall be submitted for review as set forth in the
subsections which follow. The City may agree to review
the preliminary and final plat simultaneously. The final
plat shall incorporate all changes, modifications and
revisions required by the City. Otherwise, it shall
strictly conform to the approved preliminary plat.
B. All final plats shall comply with the provisions of
Minnesota State Statutes and requirements of this
Chapter.
C. An applicant shall submit with the final plat a current
Abstract of Title or Registered Property Certificate,
along with any unrecorded documents, and an Opinion of
Title.
D. Review of a Final Plat:
l . Five ( 5 ) large
thirteen (3) �
17") copies of
the applicant.
Administrator,
are determined
larger scale
scale of sucY
scale copies of the final plat and
educed scale (not less than 11" x
the final plat shall be submitted by
If, in the opinion of the Zoning
reduced scale drawings (11" x 17")
to be illegible, the submission of
laterials shall be required. The
materials shall be the minimum
necessary to ensure legibility. In the event that
the final plat is referred to the Planning
Commission for recommendation, additional large
scale copies of the plat may be required. Upon
receipt of a final plat, copies shall be referred
to the City Council, appropriate City staff and to
all applicable utility companies, County, and State
agencies. One copy, with Abstract of Title or
Registered Property Certificate and opinion title
shall be referred to the City Attorney.
* Amended 13 Dec. 1994 Ord. No. 93-14 & 10 Oct. 1994 Ord. No. 94-13
20
2. The City Council may refer the final plat to the
Planning Commission for recommendation if they find
the proposed final plat is substantially different
from the approved preliminary plat or the
requirements of the preliminary plat are not
resolved. In such cases, the Planning Commission
shall submit a report thereon to the City Council
within forty-five (45) days.
3. The City staff receiving final plat copies shall as
appropriate submit reports to the City Council
within ten (10) working days, documenting and
expressing their recommendation on the final plat.
4. Prior to approval of a final plat, the applicant
shall have executed a Development Agreement with
the City, which controls the installation of all
required improvements and assures compliance with
all conditions of approval. Said agreement will
require all improvements and approval conditions to
comply with approved engineering standards and
applicable regulations.
5. The City Council shall take action on a final plat
not more than sixty (60) days after the plat is
filed with the City. If the final plat is not
approved, the reasons for such action shall be
recorded in the official proceedings of the City
and shall be transmitted to the applicant.
6. Upon receiving an approved final plat in
conformance with the requirements of the City, the
designated representatives of the City shall sign
the plat, and the applicant, as a condition of
approval, shall record the approved and signed
final plat with the County Registrar of Deeds
within sixty (60) days, or the approved final plat
shall be considered void.
7. The applicant shall, within thirty (30) days of
recording, furnish the City with three (3) blue or
black line prints and one mylar of the final plat
showing evidence of the recording. Failure to
furnish such copies shall be grounds for refusal to
issue building permits for lots within a plat.
8. Upon receiving approval of a final plat for a
portion of an approved preliminary plat, a
continuation of the recognition of the preliminary
plat is not required to maintain its approval. In
the event a Zoning Ordinance amendment is adopted
which requires a larger minimum lot size for land
not yet platted and recorded, the larger minimum
lot size may be required for any additional
platting. If the applicant is unable to file a
final plat application within the required one
hundred (100) days, such person shall file a
written request for an extension of the preliminary
plat approval with the City Clerk and receive City
Council approval prior to the end of the one
hundred (100) days. Said applicant's request shall
specify and the City Council shall, if approved,
determine the length of time for filing and for the
preliminary plat to remain in full force and
effect.
22
SECTION 4
PREMATURE SUBDIVISIONS
SECTION:
21-4-1: Qualification
21-4-2: Condition establishing Premature Subdivisions
21-4-3: Burden of Establishing
21-4-1: QUALIFICATION: Any preliminary plat of a proposed
subdivision deemed premature for development shall be
denied by the City Council.
21-4-2: CONDITION ESTABLISHING PREMATURE SUBDIVISIONS: A
subdivision may be deemed premature should any one or
more of the conditions set forth in the following
provisions exist:
A. Lack of Adequate Drainage: A condition of inadequate
drainage shall be deemed to exist if:
1. Surface or subsurface water retention/detention
and runoff is such that it constitutes a danger to
the structural security of the proposed
development, or flood of the subdivision or
downstream property.
2. The proposed subdivision will cause pollution of
water sources or damage from erosion and siltation
on downhill or downstream land.
3. The proposed site grading and development will
cause siltation on downstream land.
Factors to be considered in malting these
shall include, but shall not be limited
determinations
23
B. Lack of Adequate Water Supply: A proposed subdivision
shall be deemed to lack an adequate water supply if the
proposed subdivision does not have adequate sources of
water to serve the proposed subdivision if developed to
its maximum permissible density without causing an
unreasonable depreciation of existing water supplies
for surrounding areas.
C. Lack of Adequate Roads or Highways to Serve the
Subdivision: A proposed subdivision shall be deemed to
lack adequate roads or highways to serve the
subdivision when:
1. Roads which serve the proposed subdivision are of
such a width, grade, stability, vertical and
horizontal alignment, site distance and surface
condition that an increase in traffic volume
generated by the proposed subdivision would create
a hazard to public safety and general welfare, or
aggravate an already hazardous condition, and
when, with due regard to the advice of the City
Engineer, Wright County, and/or the Minnesota
Department of Transportation, said roads are
inadequate for the intended use; or
2. The traffic volume generated by the proposed
subdivision would create unreasonable traffic
congestion or unsafe conditions on highways
existing at the time of the application or
proposed for completion within the next two (2)
years.
D. Lack of Adequate Waste Disposal Systems: A proposed
subdivision shall be deemed to lack adequate waste
disposal systems if:
1. In subdivisions for which sewer lines are
proposed, there is inadequate sewer capacity in
the present system to support the subdivision if
developed to its maximum permissible density
indicated in the Otsego Comprehensive Plan, as
may be amended.
2. Soil tests, drain field areas or other such
factors relating to on -site waste disposal systems
are judged as inadequate for the use proposed.
E. Providing Public Improvements: If public improvements,
such as recreational facilities, streets and utilities,
reasonably necessitated by the subdivision, which must
be provided at public expense, cannot be provided for
within the next two (2) fiscal years.
24
F. Threat to Environmentally Essential Areas: The
proposed subdivision is inconsistent with policies and
standards of the City, the County, the State, or
Federal Government relating to environmentally
sensitive areas and protections.
G. Inconsistency With Comprehensive Plan: The proposed
subdivision is inconsistent with the purposes;
objectives and recommendations of the duly adopted
Comprehensive Plan of Otsego, as may be amended.
BURDEN OF ESTABLISHING: The burden shall be upon tYie
applicant to show that the proposed subdivision is not
premature.
25
SECTION 5
DISQUALIFICATION/DENIAL OF PLATS
SECTION:
21-5-1: Denial of Plat
21-5-1: DENIAL OF PLAT: The Planning Commission may recommend
denial and the Council may deny the subdivision if it
makes any, one or more of the following findings:
A. That the proposed subdivision is in direct conflict
with adopted applicable general and specific
comprehensive plans of the City, County, or Region;
Be That the physical characteristics of this site,
including but not limited to topography, percolation
rate, soil conditions, susceptibility to erosion and
siltation, susceptibility to flooding, water storage,
drainage and retention, are such that the site is not
suitable for the type of development, desig, or use
n
contemplated;
C. That the site is not physically suitable for the
proposed density of development;
D. That the design of the subdivision or the proposed
improvements are likely to cause substantial
environmental damages
E. That the design of the subdivision or the type of
improvements are likely to cause serious public health
problems;
F. That the design of the subdivision or the type of
improvements will conflict with easements of record or
with easements established by judgment of a court;
G. That the proposed subdivision, its site, or its design
adversely affects the flood -carrying capacity of the
floodway, increases flood stages and velocities, or
increases flood hazards within the floodway fringe or
within other areas of the City.
26
H. Environmental Protection Policies: The proposed
subdivision is inconsistent with the policies and
standards of the Wild and Scenic River District or the
State defined Shoreland Districts and Wetland
Districts.
27
SECTION 6
PLAT AND DATA REQUIREMENTS
SECTION:
21-6-1: Sketch Plan
21-6-2: Preliminary Plat
21-6-3: Final Plat
21-6-4: Certification Required
21-6-1: SKETCH PLAN: The sketch plans shall contain, at a
minimum, the following information:
A. Plat boundary.
B. North arrow.
C. Scale.
D. Street names and the layout on and adjacent to the
proposed plat.
E. Designation of land use and current and proposed
zoning.
F. Significant topographical or physical features.
G. General lot locations and layout.
H. Preliminary evaluation by the applicant that the
subdivision is not classified as premature based upon
criteria established in section 21-4-2 of this Chapter.
21-6-2: PRELIMINARY PLAT: The applicant shall prepare and
submit a preliminary plat, together with any necessary
supplementary information. The preliminary plat shall
contain the information set forth in the subsections
which follow (Upon specific request, the City may
exempt an applicant from the submission of data which
is not considered relevant to the application.):
A. General Requirements:
1. The proposed name of the subdivision; names shall
not duplicate or be alike in pronunciation to the
name of any plat theretofore recorded in the
County.
2. Location of boundary lines in relation to a known
section, quarter section or quarter -quarter
section lines comprising a legal description of
the property.
3. Name, address and phone number of the record
owner(s), any agent having control of the land,
the applicant, land surveyor, engineer and
designer of the plan.
28
4. Graphic scale of one (1) inch to one hundred (100)
feet, except as specifically approved by the
Zoning Administrator.
5. North point and key map of the area, showing well-
known geographical points for orientation within a
one-half (1/2) mile radius.
6. Date of preparation.
Existing Conditions:
1. Boundary lines to include bearings, distances,
curve data, and total acreage of proposed plat,
clearly indicated.
2. Existing zoning classifications for land in and
abutting the subdivision.
3. Total area of the proposed plat.
4. Location, right-of-way width and names of existing
or platted streets or other public ways, parks and
other public lands, permanent buildings and
structures, easements and section, corporate and
school district lines within the plan, to a
distance one hundred fifty (150) feet beyond the
plat.
5. Location, size, and elevations of existing sewers,
water mains, culverts or other underground
facilities within the preliminary plat area and to
a distance of one hundred fifty (150) feet beyond.
Such data as top grades and locations of catch
basins, manholes, elevations, invert elevations,
hydrants and the street pavement width and type
also shall be shown.
6. Boundary lines of adjoining unsubdivided or
subdivided land, within one hundred fifty (150)
feet of the plat, identified by name and
ownership, including all contiguous land owned or
controlled by the applicant.
7. Topographic data, including contours at vertical
intervals of not more than one (1) foot shown on a
contour/topographic map. Water courses, marshes,
wooded areas, rock outcrops, power transmission
poles and lines, and other significant features
also shall be shown. U.S.G.So datum shall be used
for all topographic mapping.
29
C.
8. Subsurface conditions on tracts for subdivisions
utilizing individual water and sewage disposal
systems; location and results of tests to
ascertain subsurface soil, rock and ground water
conditions and availability; location and results
of soil percolation tests.
9. 100-year flood elevations, the regulatory flood
protection, and boundaries of floodway and flood
fringe areas, if known, taking into consideration
the Flood Insurance Study and Flood Insurance Rate
Map.
10. A statement certifying the environmental condition
of the site includi e ng the presence of any
hazardous substance as defined in Minnesota
Statutes 115B.02, Subd. 8. Such statement may be
required to be based upon an environmental
assessment of the site by an environmental
engineering firm acceptable to the City.
11. Geotechnical data prepared by a qualified Soils
Engineer showing surface and subsurface soils and
ground water in sufficient detail to show the site
to be suitable for the development proposed.
Proposed Design Features
1. Layout of proposed streets showing the right-of-
way widths, centerline gradients, roadway widths,
typical cross -sections, and proposed names of
streets in conformance with City and County street
identification policies. The name of any street
heretofore used in the City or its environs shall
not be used unless the proposed street is a
logical extension of an already named street, in
which event the same name shall be used.
2. Locations and widths of proposed alleys and
170 ways.
3. Locations and size of proposed sewer lines and
water mains.
4. Gradients of proposed streets, sewer lines and
water mains, as requested.
5. Location, dimension and purpose of all easements.
6. Layout, numbers, lot areas and preliminary
dimensions of lots and blocks, and outlots.
30
7. Minimum front and side street building setback
line.
8. When lots are located on a curve, the width of the
.lot at the building setback line.
9. Building pads intended for construction.
10. Areas, other than streets, alleys, bikeways,
pedestrian ways and utility easements, intended to
be dedicated or reserved for public use, including
the size of such area or areas in acres.
11. Water Supply.
a. The location and sizing of proposed on -site
water systems.
b. If applicable, the proposed location and
sizing of public water system mains and
service connections to be provided as part of
initial construction or to be provided at a
later date.
12. Sewage Disposal.
a. The location and size of
waste disposal systems.
proposed on -site
b. If applicable, the proposed
routing of public sewer mains
connections proposed as part
construction or to be provided
date.
13. Grading plan with minim
location and
I
service
of initial
at a later
um one (1) foot
14. Proposed fill, levees, channel modifications, and
other methods to. overcome flood or erosion hazard
areas in accordance with the Zoning Ordinance and
by use of the 100-year flood profile and other
supporting technical data in the flood Insurance
Study.
D. The
items listed in this section shall be in
conformance with all other applicable sections of this
Chapter.
31
E. Supplementary Information: Any or all of the
supplementary information requirements set forth in
this subsection shall be submitted when deemed
necessary by the City staff, consultants, advisory
bodies and/or City Council to adequately address the
application and site in question.
1. Proposed protective covenants or private
restrictions.
2. An analysis prepared by a qualified person
identifying tree coverage in the proposed
subdivision in terms of type, weakness, maturity,
potential hazard, infestation, vigor, density and
spacing. A vegetation preservation and
protection plan that shows those trees proposed to
be removed, those to remain, the types and
locations of trees and other vegetation that are
to be planted may also be required.
3. Statement of the proposed use of lots stating type
of buildings with number of proposed dwelling
units or type of business or industry, so as to
reveal the effect of the development on traffic,
fire hazards, and congestion of population. The
City may require the applicant to have formal
traffic or other studies performed to the City's
satisfaction which show the effect of the proposed
development on traffic, fire hazards, congestion,
or other matters of public concern.
4. If any zoning changes are contemplated, the
proposed zoning plan for the areas, including
dimensions, shall be shown. Such proposed zoning
plan shall be for information only and shall not
vest any rights in the applicant.
5. Where the applicant owns property adjacent to that
which is being proposed for the subdivision, it
shall be required that the applicant submit a
sketch plan of the remainder of the property so as
to show the possible relationships between the
proposed subdivision and the future subdivision.
In any event, all subdivisions shall be required
to relate well with existing or potential adjacent
subdivisions and land uses.
6. Where structures are to be placed on large or
excessively deep lots which are subject to
potential replat, the preliminary plat shall
indicate a logical way in which the lots could
possibly be resubdivided in -the future.
32
7. A plan for soil erosion and sediment control both
during construction and after development has been
completed. The plan shall include gradients of
waterways, design of velocity and erosion control
measures, design of sediment control measures, and
landscaping of the erosion and sediment control
system. Such plans are to be in accordance with
the technical standards and specifications of the
Soil Conservation Service, as provided by the
Wright County Soil and Water Conservation District
Office.
8. An environmental assessment worksheet shall be
submitted if the City, City consultants,
Minnesota Environmental Quality Board or other
groups or agencies determine that one is requireri
d
by law.
9. Applications, statements and supporting
documentation and plans for rezoning, variances,
conditional use permits or planned unit
development approvals being sought for the
subdivision.
10. Such other applicable information as may be
required by the City.
21-6-3: FINAL PLAT: The applicant shall submit a final plat
together with any necessary supplementary information.
The final plat, prepared for recording purposes, shall
be prepared in accordance with provisions of Minnesota
State Statutes and Wright County regulations, and such
final plat or accompanying submittals shall contain the
following information:
A. Name of the subdivision, which shall not duplicate or
too closely approximate the name of any existing plat
theretofore recorded in the County and which shall be
subject to City Council approval.
B. Location by section, township, range, county and state,
and including descriptive boundaries of_ the
subdivision, based on an accurate traverse, giving
angular and linear dimensions.
C. The location of monuments shall be shown and described
on the final plat. Locations of such monuments shall
be shown in reference to existing official monuments on
the nearest established. street lines, including true
angles and distances to such reference points or
monuments. The applicant shall provide coordinating
data on all subdivision monumentation in a format
approved by the City Engineer.
33
D. Location of lots, outlots, streets, public highways,
alleys, and parks and other features, with accurate
dimensions in feet and decimals of feet, with the
length of radii and/or arcs of all curves, and with all
other information necessary to reproduce the plat on
the ground shall be shown. Dimensions shall be shown
from all angle points of curve to lot lines.
E. Lots shall be numbered clearly, blocks are to be
numbered, with numbers shown clearly in the center of
the block.
F. A drawing or listing of total square footage per lot,
acreage per block and total acres in the plat.
G. The exact locations, widths and names of all streets to
be dedicated.
H. Location, purpose and width of all easements to be
dedicated.
I. Name, address and phone number of surveyor making the
plat.
J. Scale of the plat to be one inch to one hundred feet
(1" = 100' . the scale to be shown graphically on a
bar scale), date and north arrow.
K. A current abstract of title or a registered property
certificate along with any unrecorded documents to be
certified by the City Attorney.
L. Deed restrictions and protective covenants which
involve a matter of public concern.
M. Statement dedicating all easements as follows:
Easements for installation and maintenance of utilities
and drainage facilities are reserved over, under and
along the designated areas marked "drainage and utility
easements."
N. Statement dedicating all streets, alleys and other
public areas not previously dedicated as follows:
Streets, alleys and other public areas shown on this
plat and not heretofore dedicated to public use hereby
so dedicated.
0. A development plan in accordance with FHA standards,
including but not limited to, building area and spot
elevations, storm drainage and storm sewer by area,
house pad area and locations, and the like.
34
P. Other Data: Such other information that may be
required by the City.
CERTIFICATION REQUIRED:
A. Certification by registered surveyor in the form
required by Section 505.03, Minnesota Statutes, as
amended.
B. Execution of all owners of any interest in the land and
holders of a mortgage thereon of the certificates
required by Section 505,03, Minnesota Statutes, as
amended, and which certificate shall include a
dedication of the utility easements and other public
areas in such form as approved by the City Council.
C. Space for certificates of approval and review to be
.filled in by the signatures of the Mayor and City Clerk
in the form:
For Approval of the City:
This plat of (name of plat) was approved and accepted
by the City of Otsego, Minnesota, at a regular meeting
thereof held this day of , A.D. 19
CITY COUNCIL OF OTSEGO,
BY:
BY:
MINNESOTA
Mayor
City Clerk
35
SECTION:
21-7-2:
21-7-3:
21-7-4:
21-7-5:
21-7-6:
21-7-7:
21-7-8:
21-7-9:
21-7-10:
21-7-11:
21-7-12:
21-7-13:
21-7-14:
21-7-150
21-7-16:
21-7-17:
21-7-18:
21-7-19:
21-7-20:
21-7-21:
SECTION 7
SUBDIVISION DESIGN. STANDARDS
Conformity with the Comprehensive
Ordinance
Land Requirements
Blocks
Lots
Streets
Cul-de-Sacs
Street Design
Alleys
Sidewalks
Public Utilities
Plan and Zoning
Sewage Disposal and Storm Drainage for Areas without
Central or Public Sewer
Conditions in Flood Hazard Areas
Flood Warning Signs in Flood -Prone
Drainage
Easements
Erosion and Sediment Control
Protected Areas
Park Land Dedication Requirements
Dedication of Storm Water Holding
Maintenance of Private Open Space
Minimum Design Features
Areas
or Ponds
CONFORMITY WITH THE COMPREHENSIVE PLANNED ZONING
ORDINANCE: A proposed subdivision shall conform to the
Comprehensive Plan, to related policies adopted by the
City, and to the official Zoning Ordinance of the City.
LAND REQUIREMENTS
A. Land shall be suited to the purpose for which it is to
be subdivided. No plan shall be approved if the site
is not suitable for the purposes proposed by reason of
potential flooding, topography or adverse soil or rock
formation.
B. Land subject to hazards to life, health, or property
shall not be subdivided until all such hazards have
been eliminated or unless adequate safeguards against
such hazards are provided by the subdivision plan.
36
C. Proposed subdivisions shall be coordinated with
surrounding jurisdictions and neighborhoods, so that
the City as a whole may develop efficiently and
harmoniously.
21-7-30 BLOCKS:
A. Block length and width or acreage within bounding
streets shall be such as to accommodate the size of
residential lots required in the area by the Zoning
Ordinance and to provide for convenient access,
circulation control and safety of street traffic.
B. Block Length: Tn general, intersecting streets shall
be provided at such intervals so as to serve cross -
traffic adequately and to meet existing streets. Where
no existing plats control, the blocks in residential
subdivisions should not exceed one thousand two hundred
(1,200) feet nor be less than three hundred (3001) feet
in length, except where topography or other conditions
justify a departure from this minimum. In blocks
longer than nine hundred (900,1) feet, ten (10') foot
wide pedestrian rights -of -way and/or easements through
the block may be required in locations deemed necessary
for the public health, convenience and necessity.
Suitable surfacing shall be provided in pedestrian
ways.
C. Block Width: The width of the block shall normally be
sufficient to allow two (2) tiers of lots of minimum
depth as required by the Zoning Ordinance except
adjoining a lake, stream, river, railroad or arterial
or where one tier or lot is necessary because of
topographic conditions. Blocks intended for business
or industrial uses shall be of such width as to be
considered most suitable for their respective use,
including adequate space for off-street parking,
deliveries and loading. Such facilities shall be
provided with safe and convenient limited access to the
street system.
21-7-4: LOTS:
A. Area: The minimum lot area, width and depth shall not
be less than that established by the City Zoning
Ordinance in effect at the time of adoption of the
final plat.
B. Side Lot Lines: Side lines of lots shall be at right
angles to street lines, radial to curved street lines,
or radial to lake or stream shores unless topographic
conditions necessitate a different arrangement or the
City Engineer finds such deviation acceptable.
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C. Building Sites: Each lot shall provide an adequate
building site at least eighteen (18) inches above the
top of the adjacent curb unless approved by the City
Engineer upon the basis of plans submitted showing
alternative, acceptable surface drainage measures.
D. Butt Lots: Butt lots in subdivisions are to be
discouraged. Where such lots must be used to fit a
particular type of design, they shall be platted at
least twenty (20) feet wider than the average width of
interior lots in the block.
E. Frontage: Every lot must have the minimum frontage on
a City approved public street other than an alley, as
required in the City Zoning Ordinance.
F. Access: Each lot shall directly access a public
street. In cases where special conditions require an
alternative means of access, it shall be subject to the
review and approval of the City Council.
G. Setback Lines: Setback or building lines shall be
shown on all lots and shall not be less than the
setback required by the City Zoning Ordinance, as may
be amended.
H. Watercourses: Lots abutting a watercourse, wetland,
ponding area, drainageway, channel, or stream shall
have additional depth and width, as required to comply
with the approved drainage plan for the subdivision and
to meet the provisions of the City Zoning Ordinance to
assure building sites that are not subject to flooding.
I. River Frontage Lots: Such lots shall be designed so
that the lot lines extended shall maintain the closest
approximation to riparian rights.
J. Drainage: Lots shall be graded so as to provide
drainage away from building locations, subject to the
approval of the City Engineer. A development plan
shall be submitted showing all lot grading and drainage
provisions.
K. Features: In the subdividing of any land, due regard
shall be shown for all natural features, such as tree
growth, watercourses, historic spots or similar
conditions which, if preserved, will add attractiveness
and stability to the proposed development.
L. Lot Remnants: All remnants of lots below minimum size
for the respective zoning district in which they are
located must be added to abutting lots or lots
immediately adjoining. For remnants, separated by a
public right-of-way, the lot remnants shall be
designated an outlot. Lot remnants may be allowed if a
plan for future use is found acceptable by the City
Council.
M. Political Boundaries: With the exception of school
district boundaries, no singular plat shall extend over
political jurisdictional boundaries. Where a singular
plat extends over school district boundaries, no
individual lot may extend over said school district
boundary.
N. Frontage on Two Streets:
1. Double -frontage, or lots with frontage on two (2)
parallel or non -intersecting streets shall not be
permitted except:
a. Where lots back on arterial streets or
highways, or
b. Where topographic or other conditions render
subdividing otherwise unreasonable.
2. Such double -frontage lots shall have an additional
depth of at least ten (10) feet or a reserve strip
shall be created in order to allow space for
screen planting along the rear lot line.
O. Turn -Around Access: Where proposed residential lots
abut a collector street, they shall be platted in such
a manner as to encourage turn -around access and egress
on each lot and discourage direct access onto such
streets.
P. Access to Arterial Streets and Major Collector Streets:
In the case where a proposed plat is adjacent to a
limited access highway, other major highway, or other
arterial street, said streets to be defined by the
City's Comprehensive Plan, there shall be no direct
vehicular access from individual lots to such streets
and roads. In the platting of small tracts of land
fronting on limited access highways or arterial street
where there is no other alternative, a temporary
entrance may be granted, subject to terms and
conditions defined by the City Council and applicable
County or state agencies. As neighboring land becomes
subdivided and more preferable access arrangements
become possible, such temporary access permits shall
become void.
Q. Access to Minor Collector Streets: Direct vehicular
access from individual lots to minor collector streets
shall be prohibited where possible and subject to the
determination of the City Council. In such cases where
39
direct lot access to minor collector streets is
allowed, special traffic safety measures including, but
not limited to, provisions for on -site vehicle turn
around shall be required.
R. Outlots: The creation of outlots is to be discouraged.
In such cases where outlots are created or exist, their
area shall not be utilized in calculating minimums for
buildable lot area requirements. Said outlots are also
prohibited from qualifying for building permits.
21-7-5: STREETS:
A. Proposed streets shall conform to State, County and
City highway/street plans which have been prepared,
adopted and/or filed as prescribed by law.
B. Streets shall be logically related to the topography,
so as to produce usable lots and reasonable grades.
C. Access shall be given to all lots and portions of the
tract in a subdivision and to adjacent unsubdivided
parcels, unless the topography clearly indicates that
such connection is not feasible. Reserved strips and
land -locked areas shall not be created.
D. The arrangement of streets in new subdivisions shall
make provision for the appropriate continuation of
existing streets in adjoining areas.
E. Where adjoining areas are not subdivided, but may be
subdivided, the arrangement of streets in a new
subdivision shall make provision for the proper
projection of streets into adjoining areas by carrying
the new streets to the boundaries of the new
subdivision at appropriate locations. A temporary
turn -around facility shall be provided at the closed
end, in conformance with cul-de-sac size requirements.
Temporary facilities shall not require curb and gutter
and the construction standards shall be established by
the City Engineer. Construction of said streets shall
be to the boundary of the plat.
F. Local streets shall be laid out to discourage their use
by through traffic. The arrangement of arterial and
collector streets shall be considered in their relation
to the reasonable circulation of traffic, to
topographic conditions, to runoff of storm water, to
public convenience and safety, to their appropriate
relationship to the proposed uses of the area to be
served and in compliance with the City's Comprehensive
Plan.
G. Provisions for Resubdivision of Large Lots and Parcels:
When a tract is subdivided into larger than normal
building lots or parcels which have the potential for
further subdivision with the installation of public
utilities, such lots or parcels shall be so arranged as
to permit the logical location and openings of future
streets and appropriate resubdivision, with provision
for adequate utility connections for such
resubdivision.
H. Dead-end streets shall be prohibited, except as stubs
to permit future street extension into adjoining tracts
with temporary cul-de-sacs, or when designed as cul-de-
sac streets.
I. Private streets and reserve strips, except in the case
of planned unit developments, shall be prohibited and
no public improvements shall be approved for any
private street. All streets shall be dedicated for
public use. If any person applies to subdivide or
replat any land or parcels adjoining an existing
private street, the private street shall be required to
be dedicated for public use and scheduled for
improvement to public street standards at the time of
final plat.
J. Where a subdivision abuts or 4-
planned major arterial or a railroad right-of-way, a
street approximately parallel to and on each side of
such arterial and right-of-way may be required for
adequate protection of residential properties and
separation of through and local traffic. Such service
streets shall be located at a distance from the major
arterial or railroad right-of-way suitable for
appropriate use of the intervening land, as for park
purposes in residential districts, or for commercial
and industrial purposes in appropriate districts. Such
distances also shall be determined with due regard for
the requirements of approach grades and future grade
separations.
K. The street design shall not be such as to cause
hardship to owners of adjoining property in platting
their land and providing convenient access thereto.
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21-7-6: CUL-DE-SAC STREETS
A. Cul-de-sac streets permanently designed as such, shall
not exceed five hundred (500) feet in length, including
a terminal turn -around which shall be provided at the
closed end, with a right-of-way radius of not less than
sixty (60) feet. The length shall be measured along
the centerline from the nearest intersection to the
center point of the cul-de-sac. Cul-de-sac streets
shall only be allowed where one or more of the
following criteria have been met:
1. Area topography or other physical site conditions
warrant a cul-de-sac, dead-end design.
2. A through street is not physically feasible.
3. Lots on the cul-de-sac turn -around shall exceed
the zoning district minimum lot width (frontage)
standard by twenty-five (25) percent.
B. Where' a temporary cul-de-sac is required, the turn-
around right-of-way shall be placed adjacent to a plat
boundary line and a right-of-way of the same width as
the street shall be carried to said property line in
such a way as to permit future extension of the street
into the adjoining tract. At such time as such a
street is extended, the acreage covered by the turn-
around outside the boundaries of the extended street
shall revert in ownership to the property owner
fronting on the temporary turn -around.
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21-7-7: STREET DESIGN:
A. Widths: Street right-of-way widths shall be as
determined in the Comprehensive Plan and official map,
and where applicable, shall conform to County and State
standards for trunk highways. In cases where no
standard is provided, the following minimum standards
shall apply:
Paved
Roadway Width
Curb Face
Street Right -of -Way Width to Curb Face
Arterial 100 feet 54 feet
Collector (Major) 80 feet 44 feet
Collector (Minor) 80 feet 36 feet
Local 60 feet 32 feet
Marginal Access or
Frontage Road -Residential
Marginal Access or
Frontage Road -Commercial/
Industrial
Cul-de-sac turnaround
Cul-de-sac street
Municipal State Aid
Street
60 feet
80 feet
60 foot radius
60 feet
MnDOT Standard
RURAL
Right -of -Way
24 feet
36 feet
45 foot radius
32 feet
MnDOT Standard
Roadway Surface
Width Edge to Edge
Arterial 120 feet 48 feet
Collector (Major) 84 feet 40 feet
Collector (Minor) 84 feet 32 feet
Local 60 feet 32 feet
Marginal Access or
Frontage Road 60 feet 24 feet
Cul-de-sac 60 foot radius 45 foot radius
B. Street Intersections: Insofar as practical, streets
shall intersect at right angles. In no case shalt t11e
angle formed by the intersection of two (2) streets be
less than seventy-five degrees (75). Intersections
having more than four (4) corners shall be prohibited.
Adequate land for future intersections and interchange
construction needs shall be dedicated.
43
C. Tangents. A tangent of at least one hundred feet
(1001) shall be introduced between reverse curves on
arterial and collector streets.
D. Deflections: When connecting street lines deflect from
each other at one point by more than ten degrees (10),
they shall be connected by a curve with a radius
adequate to ensure a sight distance of not less than
five hundred feet (5001) for arterials, three hundred
feet (300') for collectors, and two hundred feet (200')
for all other streets. The City Council may allow
greater or lesser sight distances.
E. Street Intersection Offsets: Street intersection jogs
with centerline offsets of less than two hundred feet
(2001) shall be prohibited.
F. Centerline Gradients: All centerline gradients shall
be at least five -tenths percent (0.5%) and shall not
exceed the following:
1. Arterials and collector streets - seven percent
(7%).
2. Local streets and frontage roads - seven percent
(7%) .
G. Centerline Curvature: The minimum horizontal curvature
of streets shall be in accordance with the MnDOT
Highway Design Manual for the type of street and design
speed. The minimum curvature shall be two hundred
fifty feet (250') radius.
H. Access to Limited Access Highways: In the case where a
proposed plat is adjacent to a limited access highway,
there shall be no direct vehicular or pedestrian access
from individual lots to such highways. As a general
requirement, access to such limited access highways
shall be at intervals of not less than one-half (1/2)
mile and through existing and established crossroads
where possible. Any such proposed access shall be
subject to state or County approval as may be
applicable as well as City approval.
I. Platting of Small Tracts: In the platting of small
tracts of land fronting on a limited access highway
where there is no convenient access to existing
entrances and where access from such plat would be
closer than one-half (1/2) mile from an existing
access point, a temporary entrance permit may be
granted. Provision shall be made in such plats for
the connection of roads to neighboring land. As the
neighboring land is platted and developed, and access
becomes possible at a preferred location, such
temporary entrance permits shall become void at the
dI
scretion of the City.
J. Half Streets: Half streets shall be prohibited except
where it will be practical to require the dedication of
the other half when the adjoining property is
subdivided, in which case the dedication of a half
street may be permitted. The probable length of time
elapsing before dedication of the remainder shall be
considered in this decision. No permanent street
improvement shall be permitted within a half street
right-of-way. All lots having frontage or access
solely from a half street are prohibited from being
eligible for building permits.
K. Dedication: All proposed streets shown on the plat
shall be in conformity to City, County and State plans
and standards and be offered for dedication as public
streets unless otherwise determined by the City
Council.
L. Where a subdivision abuts or contains an existing
street of inadequate width, sufficient additional width
shall be provided to. meet the standards of this
Chapter.
M. Additional right-of-way and roadway widths may be
required by the Council to promote public safety and
convenience when special conditions require it.
N. Restriction of Access: Access of local streets onto
arterial and collector streets shall be discouraged at
I
ntervals of less than five hundred (500) feet.
0. Corner Radii: Roadways of street intersections shall
be rounded by a radius of not less than twenty (20)
feet. Corners at entrances to the turn -around portions
of cul-de-sacs shall be rounded by a radius of not less
than twenty (20) feet. Corner radius to arterial and
collector streets shall be no less than fifty (50)
feet.
P. Curb and Gutter: All urban streets, and all streets in
commercial and industrial areas, shall have curb and
gutter in compliance with established City standard
design detail plates.
Q. Street Designation: Streets shall be designated
pursuant to established City and County standards in
compliance with these standards and as approved by the
City Council. The following policies may be generally
applied when designating awkward street and avenue
configurations.
45
1. Cul-de-sacs less than three hundred feet (300')
shall assume the designation of the street or
avenue they abut.
2. No street names shall be used that will duplicate
or be confused with the names of existing streets.
3. Loops shall be designated avenues, streets or a
combination of both, depending on the depth of the
configuration. Generally, the longer the length
or depth, the greater the applicability for a
separate street and avenue designation. For short
loops, the word "circle" shall be used to indicate
the configuration.
4. Names of new streets shall not duplicate existing
or platted street names, unless a new street is a
continuation of or in alignment with the existing
or platted street. In that event, it shall bear
the same name of the existing or platted street.
Street names shall conform to the City's Street
Naming and Property Numbering System as
applicable.
R. Streets in Flood Hazard Area: No street shall be
approved if its final surface is at a lower elevation
than two feet (21) below the regulatory flood
protection elevation. The City Council may require
profiles and elevations of finished streets for areas
subject to flooding. Fill may be used for streets,
provided such fill does not unduly increase flood
heights and provided any such fill would not result in
a stage increase violating the requirements of
Minnesota Statutes, Chapters 104 and 105, as such
chapters may be amended, supplemented, or replaced from
time to time, and any applicable requirements imposed
by the Federal Emergency Management Agency pursuant to
its rules and regulations. Drainage openings shall. not
restrict the flow of water so as to unduly increase
flood heights and provided any such drainage opening
would not violate the requirements of Minnesota
Statutes, Chapters 104 and 105, as such chapters may be
amended, supplemented, or replaced from time to time,
and any applicable requirements imposed by the Federal
Emergency Management Agency pursuant to its rules and
regulations.
21-7-80 ALLEYS:
A. Location Requirements: Alleys or service drives shall
be prohibited. In commercial and industrial districts,
the City Council may waive this requirement where no
other definite and assured provisions are possible for
service access. All loading and unloading facilities
shall be located wholly within the private property,
and no such facilities shall be located on or in such a
way as to obstruct the free use of the City streets.
B. Widths: The right-of-way width of any permitted alleys
or service drives shall be at least twenty-four (24)
feet.
CO Cul-de-Sacs: Cul-de-sac alleys shall be prohibited.
If found to be unavoidable, they shall be provided with
adequate turnaround facilities at the dead end as
determined by the City.
D. Grades: All centerline gradients in permitted alleys
shall be at least five -tenths' percent (0.5%) and shall
not exceed four percent (4%).
E. Prohibited: No alleys shall be permitted in
residential areas.
21-7-9: SIDEWALKS/PEDESTRIAN WAYS: Adequate provisions for
pedestrian movement within the subdivision, along the
subdivision, and to adjoining property shall be
provided in compliance with the Comprehensive Plan and
policies established by the City Council. All
sidewalks and pedestrian ways shall be designed and
constructed according to established City standards.
21-7-10: PUBLIC UTILITIES:
A. Water Supply: Extensions of
system, when available, shall
provide public water service
systems located in flood -prone
private, shall be floodproofed
the regulatory flood protection
B. Sewage Disposal: Extension
sewer system, when available,
to provide public sewer service
the public water supply
be designed so as to
to each lot. All water
areas, whether public or
to a point at or above
elevation.
of the public sanitary
shall be designed so as
to each lot.
47
21-7-11: SEWAGE DISPOSAL AND STORM DRAINAGE FOR AREAS WITHOUT
CENTRAL OR PUBLIC SERVICES: In areas being platted
without central or public sewers, the on -site sewer
system, including the size and relative location of
same, shall be in conformance with City, State and
Federal requirements including specifically any FEMA
rules and regulations pertinent to on -site sewer and
water. When such requirements conflict, the most
restrictive shall apply. In addition to those
standards, the following requirements shall also apply
unless in conflict with a more restrictive requirement
referenced above:
A. The subdivision shall be subject to soil and
percolation tests being made to determine whether or
not the lot sizes proposed will meet minimum standards
of health and sanitation due to limitations of soils as
shown on existing soils maps. Such tests shall be made
at the expense of the applicant and a sketch map shall
be submitted with -the preliminary plat to identify the
specific locations where tests were made.
B. No cesspools or seepage pits shall be allowed.
C. The City may prohibit installation of sewage disposal
facilities requiring soil absorption systems where such
systems will not function due to high ground water,
flooding, or unsuitable soil characteristics.
D. Storm Water Drainage Facilities: Storm water drainage
facilities, where required, shall be designed to convey
the flow of surface waters without damage to persons or
property. The system shall insure drainage at all
points along streets, and provide positive drainage
away from building and on site waste disposal to
accommodate frequent floods. Drainage plans shall be
consistent with local and regional drainage plans. The
facilities shall be designed to protect against surface
erosion and siltation of surface water and to prevent
the discharge of excess runoff onto adjacent
properties.
E. Storm Water Drainage Standards: All developments are
responsible for control of surface or storm water to
equal or improve pre -development conditions.
Developmental drainage systems shall be provided that
accept flow from upstream areas, that control, convey,
and pond developmental runoff, that limit outflow to
the natural pre -development rate, and that do not have
detrimental impacts on downstream properties. All pipe
conveyance shall be to ten (10) year design return
frequency. Flood protection shall be provided for one
hundred (100) year design return frequency. All
ponding, detention or retention shall be designed for
100 year frequency storm condition with a positive
outlet. Flood protection for public and personal
property shall be one foot plus any encroachment above
the flood plain. All storm runoff shall be calculated
by the Soil Conservation Service Method TR55.
21-7-12: CONDITIONS IN FLOOD HAZARD AREAS: All developments in
flood hazard areas shall include:
A. Construction and modification of sewage, water supply
and drainage facilities to meet the standards of this
Chapter and to promote the health, safety and general
welfare.
B. Construction of channel modifications, dikes, levees
and other protective measures to include filling in.
C. Establ_ishment of flood warning systems.
D. Imposition of operational controls, sureties and deed
restrictions enforceable by the City to restrict the
type and design of uses. Such restrictions shall
include floodproofing of intended uses mandated by the
Minnesota State Building Code. Structurally dry
floodproofing standards for construction shall be in
accordance with the Minnesota State Building Code.
(See Section 21-8-9 of this Code, Minimum Floodproofing
standards for Basement Construction.)
21-7-13: FLOOD WARNING SIGNS IN FLOOD -PRONE AREAS: The 11_mits
of the areas which have been or would be inundated by
the 100-year flood shall be delineated as reasonably
practical at three hundred foot (300') intervals by
means of firmly placed markers of sufficient size to be
easily read from a distance of twenty feet (201). The
markers shall record the maximum known depth of
flooding or height to the flood protection level,
whichever is greater. All flood warning signs in
flood -prone areas shall be in accordance with the above
requirements or any other additional requirements as
provided by the use of the 100-year flood profile and
other supporting technical data in the Flood Insurance
Study and the Flood Insurance Rate Map. The
subdivision markers shall meet the following
specifications:
A. The markers shall be on substantial permanent metal
posts.
B. The marker(s) shall have notification painted white and
shall be stenciled or otherwise lettered with the
inscription 11100-year flood elevation". This lettering
is to be of a permanent nature.
C. The marker be firmly placed in the ground and be at
least two feet (2') above the ground.
D. The cost of preparing and installing such markers shall
be borne by the applicant and the markers.shall be
installed prior to the sale of lots and construction of
any buildings or structures.
21-7-14: DRAINAGE: A complete and
design shall be required for
include a storm sewer system
culverts, pipes, catch basins
combination thereof.
adequate drainage system
the subdivision and may
or system of open ditches,
and ponding areas, or a
21-7-15: EASEMENTS: All easements shall be dedicated by
appropriate language on the final plat as required by
law and provisions of this Chapter.
A. Drainage and Utility Easements: Easements of a minimum
of ten (10) feet wide or a width equal to the required
side yard setback established by the respective zoning
district in which the property is located, whichever is
least, centered on rear and other lot lines, shall be
provided for drainage and for public and private
utilities. Lot easements shall be a minimum of ten
(10). feet when no easement exists on the adjoining
parcels. When it is not practical to center easements,
the fully required easement width may be required along
one property line. Said easements shall have
continuity of alignment from block to block. The
easements, when approved, shall not thereafter be
changed without the approval of the City Council
pursuant to established City Code procedures, as may be
amended.
Be
Drainage: Easements shall be provided along each side
of the centerline of any natural watercourse or
drainage channel to a width sufficient to provide
proper maintenance and protection and to provide for
storm water runoff. Where necessary, drainage
easements corresponding with lot lines shall be
provided. Such easements for drainage purposes shall
not be less than twenty (20) feet in width or a width
equal to the required side yard setback established by
the respective zoning district in which the property is
located, whichever is least.
50
C. Sight: Sight easements beyond required zoning setback
regulations may be required by the City and State
Highway Department to protect major intersections on
the street and highway system.
21-7-16: EROSION AND SEDIMENT CONTROL: The following guidelines
shall be applied in the subdivision$
A. The development shall conform to the natural
limitations presented by topography and soil so as to
create the least potential for soil erosion;
B. Land shall be developed in increments of workable size
such that adequate erosion and siltation controls can
be provided as construction progresses. Appropriate
control measures shall be installed prior to
development when necessary to control erosion. The
smallest practical area of land shall be exposed at any
one period of times
C. When soil is exposed, the exposure shall be for the
shortest feasible period of time, as specified in the
development agreements;
D. Where the topsoil is removed, sufficient arable soil
shall be set aside for re -spreading over the areas to
be planted. The soil shall be restored to a minimum
depth of four inches (411) or a depth as may be
established by the City Engineer and shall be of a
quality at least equal to the soil quality prior to
development;
E. Natural vegetation shall be protected wherever
possible;
F. As determined by •the City Engineer, runoff water shall
be diverted to a sedimentation basin before allowed to
enter the natural drainage system. Storm water runoff
from the developed site shall not, at any time, exceed
the runoff rate existing prior to development.except
as may be approved by the City Council.
G. The City shall have the authority to remove the topsoil
for its own purposes from all dedicated streets within
its corporate boundaries. Said topsoil shall be
utilized in the development project from which it is
taken unless otherwise specified as part of a
development agreement.
51
21-7-17: PROTECTED AREAS: Where land proposed for subdivision
is deemed environmentally sensitive by the City, due
to the existence of wetlands, drainageways, watercourses,
floodable areas, vegetation, or steep slopes, the design
of said subdivision shall clearly reflect all necessary
measures of protection to ensure against adverse
environmental impact.
Based upon the necessity to control and maintain certain
sensitive areas, the City shall determine whether said
protection will be accomplished through lot enlargement
and redesign or dedication of those sensitive areas in
the form of outlots.
In general, measures of protection shall include design
solutions which allow for construction and grading
involving a minimum of alteration to sensitive areas.
Where these areas are to be incorporated into lots within
the proposed subdivision, the applicant shall be required
to demonstrate that the proposed design will not require
construction on slopes over eighteen (18) percent, or
result in significant alteration to the natural drainage
system such that adverse impacts cannot be contained
within the plat boundary.
21-7-18: PUBLIC SITES AND OPEN SPACES (PARK LAND DEDICATION):
prerequisite to final plat approval, and at the sole
determination by the City, applicants and/or developers
shall dedicate land for parks, playgrounds, public open
spaces or trails and/or shall make a cash contribution to
the City's Park and Multi -Purpose Trail Funds roughly
related to the anticipated effect of the plat on the park
and trail system. The amounts listed in this section are
the City's best estimate of the dedication or cash
contribution needed to offset the effect on those
systems. The requirement may also be met with a
combination of land and cash if approved by the City
Council.
B. Land to be dedicated shall be reasonably suitable for its
intended use as determined by the City and shall be at a
location convenient to the public to be served. Factors
used in evaluating the adequacy of proposed park and
recreation areas shall include size, shape, topography,
geology, hydrology, tree cover, access and location.
C. The applicant shall confer with City Staff and the Parks
and Recreation Advisory Committee at the time the
preliminary plat is under consideration, to secure a
recommendation as to the location of any property that
should be dedicated to the public, such as parks,
* Amended Ord. No. 95-22, 28 August 1995
52
playgrounds or other public property. The preliminary
plat shall show the location and dimensions of all areas
to be dedicated in this manner. Such contribution
requirement recommendation(s) will be sent to the
Planning Commission for review and comment and
subsequently to the City Council for their approval.
D. When a proposed park, playground, recreational area, or
other public ground has been indicated in the City's
official map or Comprehensive Plan and is located in
whole or in part within a proposed plat, it shall be
dedicated to the appropriate governmental unit. If the
applicant elects not to dedicate an area in excess of the
land required hereunder for a proposed public site that
the City feels is in the public interest to acquire, the
City may consider acquiring the excess land through
purchase or condemnation.
E. Land area conveyed or dedicated to the City shall not be
used in calculating density requirements of the City
Zoning Ordinance and shall be in addition to and not in
lieu of open space requirements for planned unit
developments.
F. Where private open space for park and recreation purposes
is provided in a proposed subdivision, such areas shall
not be used for credit against the requirement of
dedication for park and recreation purposes, unless the
City Council finds it is in the public interest to do so.
G. The City, upon consideration of the particular type of
development, may require that a lesser parcel of land
should be dedicated due to particular features of the
development. In such cases, a cash contribution shall be
required above the land dedication to insure that
compensation is received for the full amount of the
impact on the City's park and trail system.
H. In all new subdivisions, ten (10) percent of the gross
area subdivided, or a different percentage as the City
Council shall determine to be reasonably necessary as a
result of the subdivision approval, shall,be dedicated
for public recreation space or other public use as
established by City Council resolution. The dedicated
percent of the gross area subdivided shall be in addition
to property dedicated for streets, alleys, easements, or
other public ways. No areas may be dedicated for public
use until such areas have been approved by the City
Council as suitable and necessary for the health, safety,
convenience and general welfare of the City.
I. When a subdivision is proposed, the Developer shall make
a dedication of land for public park use, or shall pay a
fee in lieu of such land dedication as follows:
Amended Ord. No. 95-22, 28 August 1995
53
1. Residential Development, 100 of the gross land area
being subdivided, or a fee in lieu of land
dedication as follows: $750.00 per dwelling unit
commencing on the effective date of this amendment
and for a period of one year thereafter, $850.00
per dwelling unit commencing one year from the
effective date of this amendment and for a period
of one year thereafter, and $950.00 per dwelling
unit commencing two years from the effective date
of this amendment and thereafter.
2. Commercial and Industrial Development. 10a of the
gross area being subdivided, or 100 of the fair
market value of the undeveloped land. Whether land
or cash will be required is left solely to the
discretion of the City. For purposes of this
section, fair market value shall be determined by
reference to appraisals, accepted purchase
agreements, comparable market transactions or other
pertinent records, at the discretion of the City
Council or Parks and Recreation Commission.
Undeveloped land shall mean raw land with only
those improvements present on the property on the
date of plat approval. Said amounts are the City's
best estimate of the effect of the subdivision on
the City's park system.
J. All land proposed for trail and/or bikeway dedication
shall be subject to the recommendations of the Parks and
Recreation Advisory Board and the approval of the City
Council. Such lands must also correspond and conform
with the City's bikeway plan.
* K. When a residential subdivision is approved, the developer
shall pay a fee in lieu of dedication of land for trail
purposes as follows: $125.00 per dwelling unit. Said
amount is the City's best estimate of the effect of the
residential subdivision on the City's trail system.
L. The City may elect at its sole discretion to receive a
combination of cash, land, and development of the land
for park use. The potential cash donation generated by
the dedicated land and/or the value of the development of
land shall be calculated. That amount shall be
subtracted from the cash contribution required by the
Subsection I above.
M. Planned unit developments with mixed land uses shall make
cash and/or land contributions in accordance with this
Section based upon the percentage of land devoted to the
various uses.
* Amended Ord. No. 95-22, 28 August 1995
54
N. Park cash contributions are to be calculated and
established at the time of final plat approval. The
Council may require the payment at the time of final plat
approval or at a later time under terms agreed upon in
the development agreement. Delayed payment may include
I
nterest at a rate set by the City.
0. Cash contributions for parks and trails shall be
deposited in either the City's Park Fund or multi -purpose
trail fund and shall only be used for park acquisition or
development, and trail acquisition or development as
determined by the City. Additionally, said funds may be
utilized anywhere within the City park and trail systems.
P. Wetlands, ponding areas, and drainageways accepted by the
City may not be considered in the park land and/or cash
contribution to the City.
Q. Property being replatted with the same number of lots and
same number of dwelling units shall be exempt from all
park land dedication requirements. If the number of lots
or the number of dwelling units is increased, or if land
outside the previously recorded plat is added, then the
park land dedication and/or park cash contributions shall
be based on the additional lots and on the additional
land being added to the plat . If the additional land
does not create additional lots, then each one-third
(1/3) acre added shall be considered a new lot for
purposes of calculating the dedication requirements.
R. When land is dedicated and deeded to the City for park
purposes, it shall be the responsibility of the City to
maintain such dedicated property.
S. Land dedication to the City shall be in the form of lots
or outlots with approved lot and block numbers.
* T. If the applicant or developer does not believe that the
estimates contained in this section fairly and accurately
represent the effect of the subdivision on the park or
trail system of the City, the applicant or developer may
request that the City prepare in indepth study of the
effect of the subdivision on the park and trail system
and an estimate of that effect in money and/or land. All
costs of such study shall be borne by the developer or
applicant. If the developer or applicant requests the
preparation of such a study, no application for
development submitted shall be deemed complete until the
study has been completed and a determination is made as
to the appropriate amount of land or money necessary to
offset the effects of the subdivision.
* Amended Ord. No. 95-22, 28 August 1995
55
21-7-19: DEDICATION OF STORM WATER HOLDING AREAS OR PONDS: Upon
approval by the City Council, the applicant may be
required to dedicate to the public up to five (5) percent
of the land proposed to be subdivided for storm water
holding areas or ponds. The five (5) percent dedication
shall not be considered part of the dedication for parks
and recreation purposes or trail/bikeway purposes.
21-7-20: MAINTENANCE OF PRIVATE OPEN SPACE: Operating and
Maintenance Requirements for Residential Subdivision
Private Open Space Facilities.
In the event certain land areas or structures are
provided within the subdivision for private recreational
use or as service facilities, the owner of such land and
buildings shall enter into an agreement with the City to
assure the continued operation and maintenance to a
predetermined reasonable standard. These common areas
may be placed under the ownership of one of the following
depending upon which is most appropriate.
A. Dedicated to public where a community -wide use would be
anticipated;
B. Applicant's ownership and control, or
C. Property owners association ownership and control,
provided all of the following conditions are met:
1. The property owners association must be established
prior to the sale of any lot;
2. Membership must be mandatory for each owner and any
successor in interest;
3. The open space restrictions must be in perpetuity
not for a given period of years;
4. The association must be responsible for liability
insurance, local taxes and the maintenance of the
recreational area and facilities.
5. Landowners (homeowners) must pay their prorated
share of the cost and any assessment levied by the
association that can become a lien on the property
I
n accordance with law, and
6. The association must be able
assessment to meet changed needs.
to adjust the
56
21-7-21: MINIMUM DESIGN FEATURES: The design features set forth
in this Chapter are minimum requirements. The City may
impose additional or more stringent requirements
concerning lot size, streets and overall design as deemed
appropriate considering the property being subdivided
based upon site considerations and the Otsego
Comprehensive Plan.
SECTION 8
CONSTRUCTION STANDARDS
SECTION:
21-8-1: Monuments
21-8-2: Streets and Alleys
21-8-3: Sidewalks
21-8-4: Public Utilities
21-8-5: Sanitation
21-8-6: Water Supply
21-8-7: Sewage Disposal
21-8-8: Drainage
21-8-9: Building Site Improvements for Flood -Prone Areas
21-8-10: Utilities Location
21-8-11: Street Lighting Requirements
21-8-12: Inspection
21-8-13: Certificate of Occupancy
21-8-1: MONUMENTS: Monuments shall be placed at all block and
lot corners, angle points, points of curves in streets
and at intermediate points as shall be required by the
City. Monuments shall be metal and shall be placed by a
Registered Engineer or Registered Land Surveyor.
Monument placement shall meet the current accepted
standards of practice for surveying including the Wright
County Surveyor requirements.
* All lot corners and survey control monuments shall be set
and in place at the time the plat is recorded. An
exception to this requirement may be granted for up to
one (1) year by the City Council, provided such approval
is made part of the development contract and a financial
guarantee in a form determined by the City Attorney is
provided.
Stakes showing the locations of easements shall be
provided by the applicant upon request of the City. The
stakes shall be wood laths and will be used only to
insure the proper location of utilities on the easements.
The stakes shall not be intended to be permanent survey
monuments.
STREETS AND ALLEYS:
A. Grading: The full width of the right-of-way of each
street and alley dedicated in the plat shall be cleared
and graded in accordance with the plan approved by the
City Engineer. Boulevards shall be graded to an approved
gross slope not less than two (2) percent, nor more than
six ( 6 ) percent.
* Amended by Ordinance No. 92-28, 24 August 1992
57
B. Paving: All streets and alleys shall be improved with a
concrete or bituminous surface. Streets to be paved
shall be surfaced for a nine (9) ton axle weight capacity
using current Minnesota Highway Department design
standards and in accordance with City standard design
detail plates, Streets not to be paved shall be improved
in accordance with the City standards. No building
permit shall be issued for any lot or parcel in a
subdivision prior to the installation of the first lift
(wearing course) of bituminous surfacing or concrete
surfacing on the streets thereof. Exceptions to this
provision may be granted by the City Council at their
discretion as part of a development contract.
C. Soil Investigation: To determine subgrade soils
classification and bearing capacity of the soils in the
proposed development, a soil investigation report shall
be prepared under the supervision of a soils engineer
associated with a qualified soils testing service.
Report of the results of the soils investigation shall be
provided to the City Engineer. The report shall contain
the design recommendation for street section based on 9-
ton design. In proposed streets, soils investigation
shall be performed at intervals not to exceed 300 lineal
feet. The soil borings completed during the
investigation shall be at least 10' in depth below the
proposed finished grade. Ground water levels shall be
reported at each boring. Elevations shall be in mean sea
level datum. Locations of borings shall measure in the
field and accurately shown on the plans.
D. Concrete Curb and Gutter: All curb shall be concrete
with integral gutter. The standard curb shall be
vertical face (Type B-6-18) in accordance with City
standard design templates. In new residential
developments where access locations to lots are not
known, a surmountable curb in accordance with City
standard design templates may be used subject to the
approval of the City Council if the radius of curvature
of the street is two hundred (200) feet or larger and
except at intersections and catch basin inlets.
E . Boulevards: All boulevards shall have four ( 4 ) inches of
top soil (black dirt) placed on them and then shall be
sodded or seeded.
21-8-3: SIDEWALKS: Sidewalks shall be concrete, a minimum of
five (5) feet in width, and shall be constructed in
accordance with the City standard design detail plates.
21-8-4: PUBLIC UTILITIES:
A. Watermain: Watermain size shall be a minimum 6"
diameter. Watermain size up to 8" may be utilized as a
standard and minimum distribution size along with 6".
Watermain shall be ductile iron pipe and shall meet all
the requirements of the City Engineer's Association of
Minnesota standard utility specification for watermain
and service line installation and American Water Works
Association standard.
Mains shall be valved at
feet. Wedge gate valve
valves. Valve shall al
intersection and branches
in locations as determined
intervals not to exceed 800
shall be installed as main
ao be installed at street
.n the distribution system or
by the City Engineer.
"Dead end" mains shall be looped if exceeding the allowed
length of a cul-de-sac. The distribution system may
require installing a larger main to benefit the entire
water service in the City. The City Engineer shall
determine location and size of main larger than 6" or 8"
in residential area. In commercial/industrial areas,
watermain up to 12" may be required to meet normal
distribution required in the development. The cost of
normal distribution size and appurtenances shall be the
responsibility of the developer. Size of pipe over and
above the normal shall be installed and financed in
accordance with City policy.
B. Fire Hydrants: Installation shall be pursuant to plans
approved by the City Engineer and local fire fighting
authority and shall be located in accordance with
Insurance Service Office (ISO) standards.
Hydrants shall be placed at the end of all "dead ends",
cul-de-sacs and at intersections. All hydrants shall
have wedge gate valves and shall be easily accessible to
fire fighting personnel and equipment. The single
hydrant style shall be throughout the distribution system
and that type is shown on the City of Otsego standard
plates.
C. Sanitary Sewer: Sanitary sewer shall be a minimum of 8"
pipe and shall be of a material approved for use in the
City by the City Engineer. Sanitary sewer grades and
installation shall conform to the Recommended Standards
for Sewage Works latest edition by the Great Lakes -
Upper Mississippi River Board of State Sanitary Engineers
and the City Engineer's Association of Minnesota standard
utilities specification for sanitary sewer. Main size
will be determined by the sewage flow and grade in
accordance with the City of Otsego Sanitary Sewer
Comprehensive Plan.
59
Size of pipe shall be determined by lateral
and/or trunk service. Trunk service shall
responsibility of the property served and City
shall establish cost distribution policy.
service shall be the responsibility of the
serviced and cost shall be borne by the
property.
Sanitary sewer service shall
and shall be installed in
standard detail templates.
service
be the
Council
Lateral.
property
serviced
be a minimum of four inches
accordance with the City's
D. House Services: Each house service shall be run from the
main to the property line, where a cap or plug shall be
placed until the service is extended to the structure.
A one (1) inch Type K copper water service, or approved
equal, corporation cock, curb box and stop, and four (4)
inch PVC plastic pipe, or approved equal, sewer service
shall be the minimum requirements.
E. Reproducible "as -built" drawings showing all utilities
and improvements shall be furnished to the City by the
applicant of all required improvements in developments
where the applicant has been responsible for
improvements. Such "as -built" drawings shall be
certified to be true and accurate by the registered
engineer responsible for the installation of the
improvements.
21-8-5: SANITATION: Water and sewer lines shall be installed and
connected to the public system to serve all lots within
the proposed subdivision under the provisions of
applicable statutes and ordinances. The City Council
shall require the installation of water and sewer mains,
at the applicant's expense or under the provisions of
applicable statutes and ordinances, unless said applicant
can prove to the City Council that extension of the
existing water system is not feasible in the development
of the subdivision and that adequate water facilities
will be otherwise provided, in which case the Council may
permit the installation of individual wells.
21-8-6: WATER SUPPLY: An individual well,. if permitted by the
City Council, shall be constructed in accordance with the
Minnesota State Well Code. The applicant shall provide
evidence that lots proposed for individual wells will
have a good chance of securing an adequate supply of
potable water.
21-8-7: SEWAGE DISPOSAL:
A. All residential, commercial and industrial units within
the sanitary sewer service area as defined in the
Comprehensive Pan shall be served by sanitary sewer and
shall be connected to the public collection and
treatment facilities.
B. When a subdivision will be able to be served by
sanitary sewer within six (6) years, the City may
require that sewer mains and service connections be
installed within the subdivision and the entire system
connected to a temporary, private central sewage
treatment mechanism. The cost for such improvements is
to be borne by the applicant.
C. Ii1 areas being developed for building sites with lots
totalling twenty thousand (20,000) square feet or more
for soil absorption sewage disposal and the City does
not have plans to provide public sewer and water within
six (6) years, individual on -site sewage disposal
systems may be provided for each lot.
D. There shall be no overflow outlets from septic tanks or
seepage pits allowing effluent to flow to any waterway,
drainage way or roadside ditch.
E. The applicant or owner shall be required to provide
appropriate soil borings and percolation tests in order
to determine proper sewage system design. Where on -
site residential sewer systems are to be installed, the
rules and regulations of the Minnesota Pollution
Control Agency, Minnesota Individual Sewage Treatment
Systems Standards (Minnesota Rules, Chapter 7080) as
may be amended.
F. Any means or methods of sewer disposal including septic
tanks and seepage pits in the subdivision shall be
allowed to exist only if in compliance with FEMA rules
and regulations, requirements of the Minnesota
Pollution Control Agency, and Minnesota Rules 7080, as
may be amended.
21-8-8: DRAINAGE: All surface and underground drainage systems
shall be installed by the applicant to adequately
remove all natural drainage that accumulates on the
developed property. All such systems shall provide
complete removal and a permanent solution for the
removal of drainage water and shall be subject to City
review and approval..
61
21-8-9: BUILDING SITE IMPROVEMENTS FOR FLOOD -PRONE AREAS:
A. No lot will be sold or building constructed in an area
subject to flood prior to completion of all flood
protection works or measures planned for such lot and
necessary facilities.
B. No subdivision shall be approved for floodway areas if
anticipated levees, fill, structures or other features
will individually or collectively increase flood flows
or damages. The City Council shall reasonably assume
an equal degree of encroachment on the opposite side of
the watercourse in calculating possible effects of the
proposed uses.
C. New building sites for any structures, residences,
motels, resorts and all manufactured home
parks subdivisions, and similar uses for human
occupation shall not be permitted in floodway areas.
These uses may be permitted outside the floodway if
building sites are filled to a height not more than one
foot (11) above the regulatory flood protection
elevation for the particular area. Required fill areas
must extend fifteen feet (15') beyond the limits of
extended structures. If the subdivision is not to be
serviced with sewer, it must include areas for on -site
waste disposal at or above the flood protection
elevation in accordance with FEMA rules and
regulations.
D. Building sites for structures other than those used for
human occupancy outside of floodway areas shall
ordinarily be filled as provided above. However, the
City Council may allow subdivision of areas for
commercial and industrial use at a lower elevation if
the applicant protects the areas to the regulatory
flood protection elevation by levees, floodwalls,
channels modifications or other protective techniques;
or if the applicant agrees to protect uses through
structural floodproofing, flood warning systems or
other techniques specified in this Chapter.
E. Should the City Council determine that only a part of a
proposed plat can be safely developed, it shall limit
development to that part and require that the
specifications for development be consistent with its
determination.
62
F. When someone other than the applicant intends to
develop the plat, and the City Council determines that
additional use controls are required to insure safe
development, it may require the applicant to impose
appropriate deed restrictions on the land. Such deed
restrictions shall be inserted in every deed and noted
on the face of the final recorded plat.
21-8-10: UTILITIES LOCATION: Except as expressly allowed by the
City, all utilities shall be placed underground. All
underground work shall be completed prior to street
surfacing. All utility lines for telephone and
electrical service shall be placed in rear line
easements when carried on overhead poles.
21-8-11: STREET LIGHTING REQUIREMENTS: The minimum requirement
for street lighting facilities shall be one (1) eight
thousand (8,000) lumen light, or equal, at each street
intersection within or abutting the subdivision. At
least one (1) street light shall be erected within
blocks having a length of nine hundred (900 feet or
greater and no street light shall be located within
two hundred fifty (250) feet of another street light
except for white -way areas. Light standards shall be
approved by the City.
21-8-12: INSPECTION: All required improvements shall be
inspected by the City Engineer or City approved
consultant during construction, at the expense of the
applicant.
21-8-13: CERTIFICATE OF OCCUPANCY: No certificate of occupancy
shall be issued by the City Building Official for any
building in the subdivision prior to all improvements
outlined in the development contract having been
installed. Exceptions to this provision may be granted
by the City Council at their discretion as part of the
development contract.
it3
SECTION:
21-9-1:
21-9-2:
21-9-3:
21-9-4:
21-9-6:
21-9-7:
21-9-8:
21-9-9:
SECTION 9
REQUIRED IMPROVEMENTS AND FINANCIAL ARRANGEMENT
Improvements Required
Construction Plans, Inspection and Warranty
Payment for Installation of Improvements
Agreement Providing for the Private Installation of
Improvements
Agreement Providing for the
Improvements by -the City
Financial Guarantee
Improvements Completed Prior to
Plat
Trunk Facilities
Alternate Installation
Installation of
Approval, of the Final
21-9-1: IMPROVEMENTS REQUIRED: Prior to the approval of a
final plat by the City Council, the applicant shall
have agreed, in the manner set forth below, to install
the following improvements on the site, in conformity
with approved construction plans and in conformity with
all applicable standards and ordinances
A. Monuments: Monuments are to be placed in the
subdivision in accordance with Section 21-8-1 of this
Chapter.
Be Grading: The full width of the right-of-way of each
street dedicated in the plat shall be cleared and
graded as outlined in Section 21-8-2 (A) of this
Chapter.
CO
Pavement: All streets and alleys shall be improved
with concrete or bituminous surface, except as may be
approved by action of the City Council as part of a
development contract. Pavement standards are outlined
I
n Section 21-8-2 (B) of this Chapter.
D. Curb and Gutter: There shall be concrete curb and
gutter installed along both sides of all streets and
alleys to the standards listed in Section 21-8-2 (D) of
this Chapter. Alleys may be exempt upon approval by
the City Engineer.
E. Water Mains: In the case where mains from a public
water system are available, the applicant shall be
required to install water mains in the plat and connect
the same to the public water system.
F. Public Sanitary Sewer: In all cases where trunk line
sanitary sewer facilities are available, the applicant
shall be required to install sanitary sewers in the
plat and connect the same to the trunk line sewers.
G. Drainage Facilities: Such facilities and easements
shall be installed under City approval as will
adequately provide for the drainage of surface waters,
and storm sewer system may be required. Drainage way
easements or land dedication may be required when such
easements or land is needed in the public interest for
purposes of flood plain management, proper drainage,
prevention of erosion, pedestrian access to water
bodies, or other pubic purpose.
H. Miscellaneous Facilities: Tree planting, street name
signs, traffic control signs, oversized utility trunk
lines, pedestrian ways, bikeways, pavement marking and
other improvements may be required.
21-9-2: CONSTRUCTION PLANS, INSPECTION AND WARRANTY:
A. Construction plans for the required improvements
conforming in all respects with the standards and
ordinances of the City shall be prepared at the
applicant's expense by a professional engineer who is
registered in the State of Minnesota, and said plans
shall contain professional certification. Such plans
together with the quantities of construction items
shall be submitted to the City Engineer for approval
and for an estimate of the total costs of the required
improvements. Upon approval, such plans shall become a
part of the required written agreement. The tracings
of the plans approved by the Engineer, plus two (2)
prints, shall be furnished to the City to be filed as a
public record.
B. All required improvements on the site that are to be
installed under the provisions of these regulations
shall be inspected during the course of construction by
the City Engineer at the applicant's expense, and
acceptance by the City shall be subject to the City
Engineer's certificate of compliance with the contract.
C. The applicant and/or developer shall provide to the
City a written warranty that all required improvements
on the site meet or exceed all City standards and that
such improvements have been inspected and tested in
regards to the City standards. The applicant and/or
developer shall be responsible for having all such
inspections and testing completed at their expense.
C:�
21-9-3: PAYMENT FOR INSTALLATION OF IMPROVEMENTS: The required
improvements as listed elsewhere are to be furnished
and installed at the sole expense of the applicant. If
any improvement installed within the subdivision will
be of substantial benefit to lands beyond the
boundaries of the subdivision, provision may be made
for causing a portion of the cost of the improvement,
representing the benefit to such lands, to be allocated
in accordance with City policies.
21-9-4: AGREEMENT PROVIDING FOR THE PRIVATE INSTALLATION OF
IMPROVEMENTS$
A. Prior to the installation of any required improvements
by the applicant and prior to approval of the plat, the
applicant shall enter into an agreement in writing with
the City requiring the applicant/developer to furnish
and construct said improvements at their sole cost and
in accordance with plans and specifications and usual
contract conditions. This shall include provision for
supervision of details of construction by the City
Engineer and shall grant to the City Engineer authority
to coordinate the work and improvements to be done
under said contract by any subcontractor authorized to
proceed thereunder and with any other work being done
or contracted by the City in the vicinity. The
agreement shall require all public and private utility
material standards and installation requirements be met
and shall be approved by the City Engineer.
B. The agreement shall require the applicant to make an
escrow deposit or furnish an irrevocable letter of
credit or a certified check as is determined by the
City. The amount of the deposit or penal amount of the
security is to be based on the City Engineer's estimate
of the total cost of the improvements to be furnished
under the contract, including the cost of inspection.
The deposit or penal amount shall equal one hundred
(100) percent of the City Engineer's estimate.
C. On request of the applicant, but at the sole discretion
of the City, the contract may provide for completion of
part or all of the, improvements covered thereby prior
to acceptance of the plat. In such event, and if
evidence is presented that the described work and
improvements have been paid for, the amount of the
deposit or bond may be reduced in a sum equal to the
estimated cost of the improvements so completed prior
to the acceptance of the plat.
D. The time for completion of the work and the several
parts thereof shall be determined by the City Council,
upon recommendation of the Engineer after consultation
with the applicant. It shall be reasonable with
relation to the work to be done, the seasons of the
year, and proper coordination with construction
activities in the plat and subdivision.
E. Improvements shall be constructed only in platted real
estate.
F. No applicant developer shall be permitted to start work
on any other subdivision improvements without special
written approval of the City Council.
21-9-5: AGREEMENT PROVIDING FOR THE INSTALLATION OF
IMPROVEMENTS BY THE CITY:
A. Any person desiring to have utility and street
improvements installed may request the City to install
them, subject to the following conditions and to the
approval and authorization thereof by the City Council
and as authorized by State law.
B. If so approved by the City Council, the person
requesting the installation of said utility and street
improvements shall supply a security approved by the
City running to the City guaranteeing payment for the
installation of the improvements in an amount based on
the City Engineer's estimate of the total cost of the
improvements to be installed. The deposit or penal
amount shall equal one hundred (100) percent of the
City Engineer's estimate of the cost of installation of
the improvements. The security to be supplied the City
shall be payable on such terms and conditions as found
by the City Council to be reasonable and necessary to
insure that the costs of the improvements are properly
secured and paid.
Co Improvements shall be constructed only in platted real
estate.
D. The provisions of Section 21-9-5 do not apply to any
improvement installed in a platted block upon which at
least fifty (50) percent of the lots thereof have a
dwelling or other building constructed and occupied.
E. No applicant/developer shall be permitted to start work
on any other subdivision improvements without special
approval of the City Council.
21-9-6: FINANCIAL GUARANTEE:
A. The contract provided for in Sections 21-9-4 and 21-9-5
shall require the applicant to make an escrow deposit
or provide a certified check or irrevocable letter of
credit as determined by the City. The escrow deposit,
certified check or irrevocable letter of credit shall
conform to the requirements of this section.
B. Escrow Deposit, Certified Check:
1. If an escrow deposit or certified check is
required, the escrow deposit or certified check
shall be made with the City Treasurer in a sum
equal to the total costs calculated as provided in
Sections 21-9-4 and 21-9-5 above, as estimated by
the City for all the improvements to be furnished
and installed by the applicant pursuant to the
contract, which have not been completed prior to
approval of the plat. The total costs shall
include costs of inspection by the City.
2. The City shall be entitled to reimburse itself out
of said deposit or check for any cost and expense
incurred by the City for completion of the work in
case of default of the applicant under said
contract, and for any damages sustained on account
of any breach thereof.
3. Upon completion of the work and termination of any
liability, the balance remaining in said deposit
or check from Section 21-9-6.B above shall be
refunded to the applicant.
C. Irrevocable Letter of Credit:
1. If the applicant is required to furnish an
Irrevocable Letter of Credit, the penal sum shall
be payable to the order of the City and delivered
to the City in an amount calculated as provided in
Sections 21-9-4 and 21-9-5 above, as estimated by
the City Engineer of all the improvements to be
furnished and installed by the applicant pursuant
to the contract, which have not been completed
prior to the approval of the plat. The total
costs shall include costs of inspection by the
City.
2. The Irrevocable Letter of Credit shall be approved
as to form by the City Attorney and filed with the
City Clerk.
3. The City shall be entitled to reimburse itself out
of said letter of credit for any cost and expense
incurred by the City for completion of the work in
case of default of the applicant under said
contract, and for any damages sustained on account
of any breach thereof.
21-9-7: IMPROVEMENTS COMPLETED PRIOR TO APPROVAL OF THE FINAL
PLAT: Improvements within a subdivision which have
been completed prior to application for approval of the
final plat, or execution of the contract for
installation of the required improvements, shall be
accepted as equivalent improvements in compliance with
these requirements only if the City Engineer certifies
that the existing improvements conform to applicable
standards and is evidence of payment for the work that
has been completed is presented in such form as the
City reasonably requires.
21-9-8: TRUNK FACILITIES: Where a larger size water main,
sanitary sewer, storm drain or similar facility is
required to serve areas outside the subdivision, the
larger facility required shall be constructed.
Additional costs shall be allocated pursuant to
established City policies.
21-9-9: ALTERNATE INSTALLATION: The City may elect to install
any or all of the required improvements pursuant to a
cash escrow agreement or other financial arrangements
with the applicant.
SECTION 10
ADMINISTRATION AND ENFORCEMENT
SECTION:
21-10-1: Registered Land Surveys
21-10-2: Metes and Bounds
21-10-3: Unapproved Subdivisions
21-10-4: Variances, City Council Approval, Standards
21-10-4A: Findings
21-10-4B: Procedures
21-10-5: Building Permits
21-10-6: Violations and Penalty
21-10-6A: Sale of Lots from Unrecorded Plats
21-10-6B: Receiving or Recording Unapproved Plats
21-10-6C: Misrepresentations
21-10-6D: Penalty
21-10-7: Schedules of Administrative Fees, Charges and Expenses
21-10-1: REGISTERED LAND SURVEYS: All registered land surveys
shall be filed subj ect to the same procedures as required
for the filing of a preliminary plat for platting
purposes. The standards and requirements set forth in
these regulations shall apply to all registered land
surveys. Unless the City Council approves, a registered
land survey shall not be used to divide a parcel of land
into lots for the purpose of transfer of ownership or
building development, if any of the tracts do not have
the required frontage on a dedicated public street.
21-10-2: METES AND BOUNDS:
A. Except in unique situations as may be allowed by the City
Council, conveyances by metes and bounds shall be
prohibited where any lot or lots involved are less than
ten (10) acres in area or have a width of less than three
hundred thirty (330) feet at the building setback line.
B. No building permit shall be issued for any structure on
any parcel of land less than ten (10) acres in area or
having a width of less than three hundred thirty (330)
feet on an improved public street, at a building setback
line which is described by metes and bounds until a plat
describing such parcel of land is filed with the Wright
County Register of Deeds's Office and proof thereof is
furnished to the City Council.
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C. When a conveyance by metes and bounds is made for
parcels larger than ten (10) acres in size, a survey of
the parcels involved shall be submitted to the Zoning
Administrator before any building permits will be
issued for those parcels, and a copy of the survey
shall be attached to the deed when it is submitted to
the Wright County Register of Deed's Office for
recording.
21-10-3: UNAPPROVED SUBDIVISIONS:
A. No conveyance of land to which these regulations are
applicable shall be filed or recorded if the land is
described in the conveyance by metes and bounds or by
reference to an unapproved registered land survey made
after 4 June 1971, or to an unapproved plat made after
such regulations become effective. The foregoing
provision does not apply to a conveyance if the land
described:
1. was a separate parcel of record on the date of
adoption of subdivision regulations under
Sections 394.12 to 394.37 of State Statutes.
2. was the subject of a recorded written agreement to
convey entered into prior to such time, or
3* was a separate parcel of not less than five (5)
acres and having a width of not less than three
hundred (300) feet.
4* was zoned for residential use and approved by the
Wright County board and a conditional use permit
approved by the Wright County Planning
Commission.
B. Building permits shall be withheld for buildings on
tracts which have been subdivided and conveyed by the
metes and bounds method, except as set out in A. above.
C. The City may refuse to take over tracts as streets or
roads or to improve, repair or maintain any such
tracts. Past City repair or maintenance of any such
tracts does not obligate the City to continue the same
in the future.
In any case in which compliance with the foregoing
restrictions will create an unnecessary hardship and
failure to comply does not interfere with the purposes of
the subdivision regulations, the City Council may waive such
compliance under the provisions of this Chapter and the
conveyance may then be filed or recorded.
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21-10-4: VARIANCES, CITY COUNCIL APPROVAL, STANDARDS:
A. Findings: The City Council may approve a variance from
the minimum standards of this Chapter (not procedural
provisions) when, in its opinion, exceptional and undue
hardship may result from strict compliance. In
approving any variance, the City Council shall
prescribe any conditions that it deems necessary to or
desirable to the public interest. In making its
approval, the City Council shall take into account the
nature of the proposed use of land and the existing use
of land in the vicinity, the number of persons to
reside or work in the proposed subdivision and the
probable effect of the proposed subdivision upon
traffic conditions in the vicinity. A variance shall
only be approved when the City Council finds that each
and every one of the following apply:
1. That there are special circumstances or highly
unique conditions affecting the property such that
the strict application of the provisions of this
Chapter would deprive the applicant of the
reasonable use of his land.
2. That the granting of the variance will not be
detrimental to the public health, safety and
welfare or injurious to other property in the
territory in which property is situated.
3. That the granting of the variance will not
increase the flood hazard or flood damage
potential.
4. That the use proposed by the applicant would not
result in a stage increase violating the
requirements of Minnesota Statutes, Chapters 104
and 105, as such chapters may be amended or
replaced from time to time, and any applicable
requirements imposed by the Federal Emergency
Management Agency.
5. That the variance is to correct inequities
resulting from an extreme physical hardship such
as topography.
6. Hardships relating to economic difficulties shall
not be considered for the purpose of granting a
variance.
7. That the hardship is not,a result of an action or
actions by the owner, applicant or any agent
thereof.
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*
Procedures:
1. Request for variances, as provided within this Section,
shall be filed with the City on an official application
form. Such application shall be accompanied by a fee as
provided for by City Council resolution. Such
application shall also be accompanied by five (5) copies
large scale and thirteen (13) reduced scale (not less
than 11" x 1711) copies of detailed written and graphic
materials fully explaining the proposed change,
development, or use. If, in the opinion of the Zoning
Administrator, reduced scale drawings (11" x 1711) are
determined to be illegible, the submission of larger
scale materials shall be required. The scale of such
materials shall be the minimum necessary to ensure
legibility. The request for variance shall be placed on
the agenda of the first possible Planning Commission
meeting occurring after fifteen (15) working days from
the date of submission of the application. The request
shall be considered as being officially submitted when
all the information requirements are complied with.
2. Proof of Ownership or Authorization: The applicant shall
supply proof of title and the legal description of the
property for which the variance is requested, consisting
of an abstract of title or registered property abstract
currently certified together with any unrecorded or
equitable ownership interest and as applicable supply
documented authorization from the owner(s) of the
property in question to proceed with the requested
variance.
3. Upon receipt of said application, the City shall set a
public hearing following property hearing notification as
applicable. The Planning Commission shall conduct the
hearing, and report its findings and make recommendations
to the City Council. Notice of said hearing shall
consist of a legal property description and description
of request, and be published in the official newspaper at
least ten (10) days prior to the hearing. Written
notification of said hearing shall be mailed to
surrounding area property owners at least ten (10) days
prior to the hearing. Requests affecting and located
within platted areas of the City shall be noticed to all
property owners within three hundred fifty (350) feet of
the property in question. Requests affecting and located
within non -platted areas of the City shall be noticed to
all property owners within five hundred (500) feet of the
property in question. A copy of the notice and a list of
the property owners and addresses to which the notice was
sent shall be attested and made a part of the records of
the proceeding.
* Amended 13 Dec.
1993, Ord, No. 93-14 and 10 Oct. 1994, Ord, No. 94-13
73
4. For properties within the Shoreland Overlay
Districts, the Wild and Scenic River Corridor
District, and/or the Floodway or Flood Fringe
Overlay Districts, the City shall submit to the
Commissioner of Natural Resources a copy of the
application for proposed variances sufficiently in
advance so that the Commissioner will receive at
least ten (10) day's notice of the hearing.
5. Failure of a property owner to receive said notice
shall not invalidate any such proceedings as set
forth within this Section provided a bona fide
attempt has been made to comply with the notice
requirements of this Section.
6. The Zoning Administrator shall instruct the
appropriate staff persons to prepare technical
reports where appropriate, and provide general
assistance in preparing a recommendation on the
action to the Council.
7. The City Council, Planning Commission, and City
staff shall have the authority to request
additional information from the applicant
concerning operational factors or to retain expert
testimony with the consent and at the expense of
the applicant concerning operational factors, said
information to be declared necessary to establish
performance conditions in relation to all
pertinent sections of this Chapter. Failure of an
applicant to supply all necessary supportive
information may be grounds for denial of the
request.
8. The applicant or a designated representative
thereof shall appear before the Planning
Commission to answer questions concerning the
proposed variance.
9. The Planning Commission shall make findings of
fact and recommend approval or denial of the
request. The Planning Commission shall reach a
decision within sixty (60) days after the first
regular meeting at which the variance request was
considered by the Commission. The Commission's
recommendation and the City staff's report shall
be presented to the Council.
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10. The City Council shall not act upon a variance or
appeal until they have received a report and
recommendation from the Planning Commission or
until sixty (60) days after the first regular
Planning Commission meeting at which the request
was considered.
11. Upon completion of the report and recommendation
by the Planning Commission, the request shall be
placed on the agenda of the City Council for the
next regular meeting. Such reports and
recommendations shall be entered in and made part
of the permanent written record of the City
Council meeting.
12. Upon receiving the report and recommendation of
the Planning Commission and the City Staff, the
City Council shall have the option to set and hold
a public hearing if deemed necessary.
13. If, upon receiving said reports and
recommendations of the Planning Commission, the
City Council finds that specific inconsistencies
exist in the review process and thus the final
recommendation of the City Council will differ
from that of the Planning Commission, the City
Council may before taking final action, refer the
matter back to the Planning Commission for further
consideration. The City Council shall provide the
Planning Commission with a written statement
detailing the specific reasons for referral. This
procedure shall be followed only one time on a
singular action.
14. A variance of this Chapter shall require passage
bI a four -fifth's (4�5's) vote of the entire City
Council.
15. Whenever an application for a variance has been
considered and denied by the City Council, a
similar application and proposal for the variance
affecting the same property shall not be
considered again by the Planning Commission or
City Council for at least one (1) year from the
date of its denial except as follows.
a. Applications are withdrawn prior to the City
Council taking action on the matter.
b. If the City Council determines that the
circumstances surrounding a previous
application have changed significantly.
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c. If the City Council decides to reconsider
such matter by a four -fifth's (4/5's) vote of
the entire City Council.
21-10-5: BUILDING PERMITS: No building permit shall be issued
for any construction, enlargement, alteration, repair,
demolition or moving of any building or structure on
any lot or parcel until all the requirements of these
regulations have been fully met or exceptions from this
requirement have been formally established by a
development contract.
21-10-6: VIOLATIONS AND PENALTY:
A. Sale of Lots from Unrecorded Plats: It shall be a
misdemeanor to sell, trade, or otherwise convey any lot
or parcel of land as a part of, or in conformity with,
any plan, plat or replat of any subdivision or area
located within the jurisdiction of this Chapter unless
said plan, plat or replat shall have first been
recorded in the office of the Register of Deeds of
Wright County.
B. Receiving or Recording Unapproved Plats: It shall be
unlawful for a private individual to receive or record
in any public office any plans, plats of land laid out
in building lots and streets, alleys or other portions
of the same intended to be dedicated to public or
private use, or for the use of purchasers or owners of
lots fronting on or adjacent thereto, and located
within the jurisdiction of this Chapter, unless the
same shall bear thereon, by endorsement or otherwise,
the approval of the City Council.
C. Misrepresentations: It shall be a misdemeanor for any
person owning an addition or subdivision of land within
the City to represent that any improvement upon any of
the streets, alleys or avenues of said addition or
subdivision or any sewer in said addition or
subdivision has been constructed according to the plans
and specifications approved by the City Council, or has
been supervised or inspected by the City, when such
improvements have not been so constructed, supervised
or inspected.
D. Penalty: Any person violating any of the provisions of
this Chapter shall be guilty of a misdemeanor. Each
day during which compliance is delayed or such
violation continues or occurs shall constitute a
separate offense and may be prosecuted as such.
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*21-10-7: SCHEDULES OF ADMINISTRATIVE FEES, CHARGES AND EXPENSES:
A. Fees and charges, as well as expenses incurred by the
City for engineering, planning, attorney, and other
services related to the processing of applications under
this Chapter shall be established by resolution of the
Council and collected by the Zoning Administrator for
deposit in the City's accounts. Fees shall be
established for the processing of requests for platting,
major and minor subdivisions, review of plans, and such
other subdivision -related procedures as the Council may
from time to time establish. The Council may also
establish charges for public hearings, special meetings,
or other such Council or Planning Commission actions as
are necessary to process applications.
B. Such fees, charges and estimated expenses (as well as a
deposit, if so required by the Zoning Administrator)
shall be collected prior to City action on any
application. All such applications shall be accompanied
by a written statement between the City and the
applicant/landowner (when the applicant is not the same
person or entity as the landowner, both the landowner and
the applicant must sign the agreement) whereby the
applicant/landowner agrees to pay all applicable fees,
charges and expenses as set by Council resolution as
provided above, and which allows the City to assess the
above fees, charges and expenses against the landowner if
such monies are not paid within thirty (30) days after a
bill is sent to the applicant/landowner.
C.
These fees shall be in addition to
insection fees, trunk storm
fees, charges, expenses and
expenses currently required
established in the future.
p
building permit fees
,
water facility costs, zoning
other such fees, charges and
by the City or which may be
Amended 4 November 1992, Ordinance No. 92-30
Amended 10 April 1995, Ordinance No. 95-7
77