Subdivision Ordinance February 1991 - March 2003CITY OF
S E G 0
MINNESOTA
CHAPTER 21
SUBDIVISION ORDINANCE
TABLE OF CONTENTS
Section Title Lxmopge
SECTION 1 —GENERAL SUBDIVISION PROVISIONS
21-1-1 Purpose.................................................................... 1-1
21 Feel -2 Scope of Legal Authority .............................................. 1-1
21-1-3 Administration............................................................ 1-2
21 goal -4 Amendments............................................................ e 1-2
21-1-5 Approvals Necessary for Acceptance of Subdivision Plats ... 1-2
21 metal -6 Conditions for Recording ............................................. s 1-2
21-1-7 Building Permits......................................................... 1-2
21 well -8 Separability............................................................... 1-2
21-1-9 Interpretation............................................................. 1-3
21-1-10 Flood Prone Lands ...................................................... 1-3
21-1-11 Definitions................................................................. 1-4
SECTION 2 —MINOR SUBDIVISIONS
21-2-1 Qualification.............................................................. 2-1
21-2-2 Content and Date Requirements .................................... 2-1
21-2-3 Design Standards ........................ all o w .......................... 2-2
21-2-4 Processing................................................................ 2-2
SECTION 3 —PROCEDURES FOR FILING AND REVIEW
21-3-1 Pre- Application Meeting ............................................... 3-1
21-3-2 Preliminary Plat.......................................................... 3-1
21-3-3 Final Plat.................................................................. 3-5
SECTION 4 —PREMATURE SUBDIVISIONS
21-4-1 Qualification.............................................................. 4-1
21-4-2 Condition Establishing Premature Subdivisions ................. 4-1
21-4-3 Burden of Establishing ................................................. 4-2
SECTION 5 — DISQUALIFICATION/DENIAL OF PLATS
21-5-1 Denial of Plat............................................................. 5-1
SECTION 6 —PLAT AND DATA REQUIREMENTS
21-6-1 Sketch Plan............................................................... 6-1
21-6-2 Preliminary Plat.......................................................... 6-1
21-6-3 Final Plat .......................................... level ................... 6-5
21-6-4 Certification Required .................................................. 6-7
Section Title Page
SECTION 7 — SUBDIVISION DESIGN STANDARDS
21-7-1 Conformity with the Comprehensive Plan and 7-1
Zoning Ordinance.......................................................
21-7-2 Land Requirements..................................................... 7-1
21-7-3 Blocks...................................................................... 7-2
21-74 Lots......................................................................... 7-2
21-7-5 Streets..................................................................... 7-5
21-7-6 Cul-De-Sacs.............................................................. 7-6
21-7-7 Street Design............................................................ 7-7
21-7-8 Alleys....................................................................... 7-10
21-7-9 Sidewalks...................................................... stag ....... 7-11
21-7-10 Public Utilities............................................................ 7-11
21Jame 11 Sewage Disposal and Storm Drainage for Areas Without 71m11
Central or Public Sewer ...............................................
21-7-12 Conditions in Flood Hazard Areas ... ... Big Igo ... woo sow ...Roo ...logo 7-12
21-7-13 Flood Warning Signs in Flood Prone Areas ..................... a 7-13
21-7-14 Drainage.................................................................. 7-13
21-7-15 Easements................................................................ 7-13
21Jewel 6 Erosion and Sediment Control ....................................... 7-14
21Jewel 7 Protected Areas......................................................... 7-15
21Jewell 8 Park Land Dedication Requirements .............................. 7-15
21-7-19 Dedication of Storm Water Holding Areas or Ponds ........... 7-18
21-7-20 Maintenance of Private Open Space .............................. 7-19
21-7-21 Minimum Design Features ............................................ 7-20
21-7-22 Tree Preservation....................................................... 7-20
SECTION 8 —CONSTRUCTION STANDARDS
21-8 pow 1 Monuments............................................................... 8-1
21-8-2 Streets and Alleys ...................................................... 8-1
21-8-3 Sidewalks................................................................. 8-2
21-8-4 Public Utilities............................................................ 8-3
21-8-5 Sanitation.................................................................. 84
21-8-6 Water Supply............................................................. 84
21-8J Sewage Disposal........................................................ 84
21-8-8 Drainage............................................................ googol 8-5
21-8-9 Building Site Improvements for Flood Prone Areas ............ 8-5
21-8-10 Utilities Location......................................................... 8-6
21-8-11 Street Lighting Requirements.......................................0 8-6
21-8-12 Inspection................................................................. 8-7
21-8-13 Certificate of Occupancy ... ... age see ...OWN ...........................a 8-7
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Section Title
SECTION 9 —REQUIRED IMPROVEMENTS AND FINANCIAL ARRANGEMENT
21-9-1 Improvements Required ............................................... 9-1
21-9-2 Construction Plans Inspection and Warranty ................... 9-2
21-9-3 Payment for Installation of Improvements ........................ 9-2
21-94 Agreement Providing for the Private Installation of 9-3
Improvements............................................................
21-9-5 Agreement Providing for the Installation of Improvements 94
bythe City............................................................ Manor
21-9-6 Financial Guarantee...................................................4 94
21-9-7 Improvements Completed Prior to Approval of the 9-5
FinalPlat...................................................................
21-9-8 Trunk Facilities........................................................... 9-6
21-9-9 Alternate Installation 9-6
SECTION 10 —ADMINISTRATION AND ENFORCEMENT
21 wool 0-1 Registered Land Surveys ............................................. 10-1
21-10-2 Metes and Bounds ...................................................... 10-1
21 wall 0-3 Unapproved Subdivisions ............................................. 10-2
21-104 Variances, City Council Approval, Standards... owl 10-3
21 anal 0-4A Findings..................all .....................III Vol ............several 10-3
21 apple! 0-4B Procedures............................................................... 104
21-10-5 Building Permits......................................................... 10-6
21 meal 0-6 Violations and Penalty ................................................. 10-6
21 awl 0-6A Sale of Lots from Unrecorded Plats ................................ 10-6
21-10-6B Receiving or Recording Unapproved Plats ....................... 10-7
21-10-6C Misrepresentations...................................................... 10-7
21 seal 0-6D Penalty..................................................................... 10-7
21 goal 0-7 Schedules of Administrative Fees, Charges and Expenses . 10-7
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APPENDIX A
OTSEGO SUBDIVISION ORDINANCE AMENDMENTS
Reference Ordinance Date Reference Ordinance Date
Number Number Adopted Number Number Adopted
1 91-14 12 August 1991
2 92-28 24 August 1992
3 92-30 4 November 1992
4 93-14 13 December 1993
5 94-13 10 October 1994
6 95-7 10 April 1995
7 95-22 28 August 1995
8 98-6 23 November 1998
9 2003-06 10 March 2003
10 2004-05 8 March 2004
11 2004-26 13 December 2004
12 2005-26 12 December 2005
13 2006-19 27 November 2006
14 2007-07 23 July 2007
15 2007-21 26 November 2007
16 2008-24 8 December 2008
17 09-06 26 May 2009
18 09-15 23 November 2009
A-1
SECTION 1
GENERAL SUBDIVISION PROVISIONS
SECTION:
Purpose
21 Al 2: Scope of Legal Authority
21 Al 3: Administration
21-14: Amendments
21 Al 5: Approvals Necessary for Acceptance of Subdivision Plats
21-1-6: Conditions for Recording
21 Al 7: Building Permits
21 Al 8: Separability
21-1-9: Interpretation
21 Al 10: Flood Prone Lands
21 Al 11: Definitions
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 benefiting 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.
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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: ADMINISTRATION: 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.
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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 there under.
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 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 (2') feet
below the regulatory flood protection elevation. Each of the above
requirements shall take into consideration the 100-year flood profile and
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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.
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.
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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.
Buildable Lane: All land except wetlands, public waters, trunk stormwater
facilities and land dedicated for major collector or arterial roadways as
defined by the Comprehensive Plan,
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.
O. 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,
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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 JUL 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 areas 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 equaled 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,
12. F000dway: 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
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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).
Be
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.
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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.
II. Owner: An individual, association, syndicate, partnership, corporation,
tI ust 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
(100') of horizontal distance, expressed as a percentage.
NN. Person: Any individual or legal entity.
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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.
W. 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.
WW. Roadway: The portion of street right-of-way improved for vehicular travel.
� WW1. 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
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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.
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: Aland surveyor registered under Minnesota State laws.
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.
$ MMM1 Tree Preservation Related:
1. Diameter: The measurement of a tree's trunk measured four and
one-half (4-1/2) feet above the ground.
2. Drip Line: The farthest distance away from the trunk of a tree that
rain or dew will fall direction to the ground from the leaves or
branches of the tree.
3. Significant Tree: A healthy tree measuring six (6) inches in
dI
ameter or greater.
4. Tree Preservation Plan: A plan certified by a forester or landscape
architect indicating all of the significant trees in the proposed
development or on the lot. The tree preservation plan shall include
the size, species and location of all significant trees proposed to be
saved and removed on the area of development, and the measures
proposed to protect the significant trees to be saved.
5. Tree Protection: Snow fencing or polyethylene laminar safety
netting placed at the drip line of the significant trees to be
preserved. The tree protection measures shall remain in place until
all grading and construction activity is terminated.
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.
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SECTION 2
MINOR SUBDIVISIONS
SECTION:
21-2-1: Qualification
21-2-2: Content and Date Requirements
21-2-3: Design Standards
21-24 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.
C. 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 atwo-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.
21-2-40 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.
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SECTION 3
PROCEDURES FOR FILING AND REVIEW
SECTION:
Pre -Application Meeting
21-3-2: Preliminary Plat
21-3-3: Final Plat
a/s 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.
4/5 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,
pI oposed 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.
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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 this Chapter. 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 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 owner(s) 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 in Section 21-104. 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
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attempt has been made to comply with the notice requirements of this
Section.
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
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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.
4. If, 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 part of a
Development Agreement. If this procedure is not followed, then
approval of the preliminary plat shall be considered void, unless a
request for time extension is submitted in writing by the applicant
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thirty (3u) 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.
21-3-3: 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:
4/5 1. Five (5) large scale copies of the final plat and thirteen (3) reduced
scale (not less than 11" x 17") copies of the final plat shall be
submitted by the applicant. 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. 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.
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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
3-6
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.
3-7
SECTION 4
PREMATURE SUBDIVISIONS
SECTION:
21-4-1: Qualification
214-2: Condition establishing Premature Subdivisions
214-3: 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 making these determinations shall include, but
shall not be limited to: average rainfall for the area; the relation of the land
to flood plains; the nature of soils and sub -soils and their ability to
adequately support surface water runoff and waste disposal systems; the
slope of the land and its effect on effluents; and the presence of streams
as related to effluent disposal.
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.
4-1
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.
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.
21-4-3: BURDEN OF ESTABLISHING: The burden shall be upon the
applicant to show that the proposed subdivision is not premature.
4-2
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;
B. 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, design,
or use 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 damage;
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.
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.
5-1
SECTION a
PLAT AND DATA REQUIREMENTS
SECTION:
21-6-1: Sketch Plan
21-6-2: Preliminary Plat
21-6-3: Final Plat
21-64: 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 214-2
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.
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4. Graphic scale of one (1) inch to one hundred (100) feet, except as
specifically approved by the Zoning Administrator,
5. North point Cl"d key map of the area, showing well-known
geographical points for orientation within a one-half ('/) mile radius.
6. Date of preparation.
B. 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.S. datum shall be used for all topographic
mapping.
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.
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C
9. 1001ear 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
including the presence of any hazardous substance as defined in
Minnesota Statutes 11513.02, 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 pedestrian 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.
7
Minimum front and side street building setback line.
When lots are located on a curve,
setback line.
the width of the lot at the building
ilding pads in
tended ntended for construction.
6-3
10. Areas, other than streets, alleys, bikeways, pedestrian ways and
utility easements, intended to be dedicated or reserved for public
se, 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 proposed on -site waste disposal
systems.
b. If applicable, the proposed location and routing of public
sewer mains and service connections proposed as part of
initial construction or to be provided at a later date.
13. Grading plan with minimum one (1) foot contours which shall
include the proposed grading and drainage of the site, including
provisions for surface water ponding and drainage. Also to be
stipulated are the garage floor, first floor, and basement elevations
of all structures.
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.
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. A tree preservation plan as outlined in this Chapter.
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,
64
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.
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.
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 required 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.
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:
6-5
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,
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.
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."
6-6
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.
O. 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.
P. Other Data: Such other information that may be required by the City.
21-6-4: 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. 20
CITY COUNCIL OF OTSEGO, MINNESOTA
BY: Mayor
BY: City Clerk
6-7
SECTION 7
SUBDIVISION DESIGN STANDARDS
SECTION:
21-7-1: Conformity with the Comprehensive Plan and Zoning Ordinance
21-7-2: Land Requirements
21-7-3: Blocks
21-7-4: Lots
21-7-5: Streets
21-7-6: Cul-de-Sacs
21-7-7: Street Design
21-7-8: Alleys
21-7-9: Sidewalks
21-7-10: Public Utilities
21-7-11: Sewage Disposal and Storm Drainage for Areas without Central
or Public Sewer
21-7-12: Conditions in Flood Hazard Areas
21-7-13: Flood Warning Signs in Flood -Prone Areas
21-7-14: Drainage
21-7-15: Easements
21-7-16: Erosion and Sediment Control
21-7-17: Protected Areas
21-7-18: Park Land Dedication Requirements
21-7-19: Dedication of Storm Water Holding Areas or Ponds
21-7-20: Maintenance of Private Open Space
21-7-21: Minimum Design Features
21-7-22: Tree Preservation
21-7-1: 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.
21-7-2: 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,
7-1
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.
C. Proposed subdivisions shall be coordinated with surrounding jurisdictions
and/or neighborhoods, so that the City as a whole may develop efficiently
and harmoniously.
21-7-3: 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: In 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 (300') feet in length, except where
topography or other conditions justify a departure from this minimum. In
blocks longer than nine hundred (900') 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.
7-2
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.
7-3
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 intersecting streets 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
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.
7-4
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.
21-7-5a 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 cukde-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.
7-5
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.
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 contains an existing or 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.
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. Cukde-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.
7-6
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.
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:
URBAN
Paved Roadway
Width Curb Face
Street Right -of -Way Width to Curb Face
Arterial
Collector (Major)
Collector (Minor)
Local
Marginal Access or
Frontage Road -Residential
Marginal Access or
Frontage Road -Commercial)
Industrial
Cul-de-sac turnaround
Cukde-sac street
Municipal State Aid
100 feet
80 feet
80 feet
60 feet
60 feet
80 feet
60 foot radius
60 feet
MnDOT Standard
RURAL
Street Right -of -Way
Arterial 120 feet
Collector (Major) 84 feet
Collector (Minor) 84 feet
Local 60 feet
Marginal Access or
Frontage Road 60 feet
Cul-de-sac 60 foot radius
54 feet
44 feet
36 feet
32 feet
24 feet
36 feet
45 foot radius
32 feet
MnDOT Standard
Roadway Surface
Width Edge to Edge
48 feet
40 feet
32 feet
32 feet
24 feet
45 foot radius
7-7
B. Street Intersections: Insofar as practical, streets shall intersect at right
angles. In no case shall the angle formed by the intersection of two (2)
streets be less than seventy-five (75) degrees. Intersections having more
than four (4) corners shall be prohibited. Adequate land for future
intersections and interchange construction needs shall be dedicated.
C. Tangents: A tangent of at least one hundred feet (100') 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 (500') 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 (200') 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.
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 discretion of the City.
7-8
14
developed, and access becomes possible at a preferred location, such
temporary entrance permits shall become void at the discretion 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 time elapsing before dedication of the remainder
shall be considered in this decision. All undeveloped lots, outlots or
parcels having access only from a half street are prohibited from being
eligible for building permits except as may be allowed by the Zoning
Ordinance.
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 intervals of less than five hundred (500)
feet.
O. 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.
1. Cukde-sacs less than three hundred feet (300') shall assume the
designation of the street or avenue they abut.
7-9
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 (2') 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.
21-7-8: 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.
C. 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.
7-10
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 the public water supply system, when
available, shall be designed so as to provide public water service to each
lot. All water systems located in flood -prone areas, whether public or
private, shall be floodproofed to a point at or above the regulatory flood
protection elevation.
B. Sewage Disposal: Extension of the public sanitary sewer system, when
available, shall be designed so as to provide public sewer service to each
Iota
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.
7-11
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. Establishment 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
7-12
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 limits 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 (20'). 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 markers) shall have notification painted white and shall be stenciled
or otherwise lettered with the inscription "100-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 adequate drainage system design shall be
required for the subdivision and may include a storm sewer system or
system of open ditches, culverts, pipes, catch basins and ponding areas,
or a combination thereof.
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
7-13
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.
B. 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.
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.
�� D. Outlot Alternative: For single and two family lot subdivisions not platted as
base and unit lots or for other land uses as determined by the City,
stormwater basins, drainageways, wetlands, and wetland buffers water
bodies or other natural features subject to dedication of easements in
accordance with this Section shall instead be included within outlots
having access to a public street as determined necessary by the City
Engineer.
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 time;
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 (4") or a depth as may be established by the
7-14
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.
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
in
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.
pis 21-7-18: PUBLIC SITES AND OPEN SPACES (PARK LAND DEDICATION):
13 A. As a prerequisite to final plat approval, and at the sole determination by
the City, applicants and/or developers shall dedicate a reasonable portion
of the buildable land within a proposed subdivision 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
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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. The land dedicated for parks and trails shall be in addition to property
dedicated for streets, alleys, easements, or other public ways. 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
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, 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.
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13 H. Land dedication.
1. In all new residential subdivisions where land dedication is to be
required, ten (10) percent of the buildable area subdivided, plus an
additional percentage of the buildable area subdivided with a
development density less than two and four -tenths (2.40) dwelling
units per acre. For new residential subdivisions with a density or
portion there of equal to or greater than two and four -tenths (2.40)
dwelling units per acre shall be dedicated for public parks, trails, or
open space consistent with the following table.
Density:
Units Per Buildable Acre
Land
Dedication
Percentage
0.00
> 2.39 du/acre
10%
2040
> 4.79 du/acre
13%
4.80
> 7.99 du/acre
17%
8.00
du/acre and over
20%
2. In all commercial or industrial subdivisions where land dedication is
required, ten (10) percent of the buildable area of the land being
subdivided shall be dedicated for public parks, trails, or open
space.
When a subdivision is proposed, the Developer shall make a dedication of
land for public park use, or the City may require a fee in lieu of such land
dedication as follows, which are the City's best estimate of the effect of the
subdivision on the City's park system:
1. Residential Development: $2,600.00 per dwelling unit.
2. Commercial Development: $7,000.00 per gross acre.
3. Industrial Development: $3,500.00 per gross acre.
J. All land proposed for trail dedication shall be subject to the
recommendations of the Parks and Recreation Commission and the
approval of the City Council. Such lands must also correspond and
conform with the City's Comprehensive Parks and Trails plan.
K
The City may elect at its sole discretion to receive land, a cash fee in lieu
of land, or 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.
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L. 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.
M. 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 interest at a rate
set by the City.
N. 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.
O. Wetlands, ponding areas, and drainageways accepted by the City may not
be considered in the park land and/or cash contribution to the City.
P. 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.
Q. 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.
R. Land dedication to the City shall be in the form of lots or outlots with
approved lot and block numbers.
S. 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 depth 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, the
request must be made at the time the development application is
submitted. No application for development that is submitted shall be
deemed complete until the requested 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.
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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 acommunity-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 in accordance with law; and
6. The association must be able to adjust the assessment to meet
changed needs.
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.
$ 21-7-22% TREE PRESERVATION: The following process for preserving significant
trees shall be required of subdividers. Subdividers, however, are
encouraged to preserve all healthy trees of significant value even if the
trees are less than six (6) inches in diameter.
A. Subdividers:
1. Subdividers shall:
a. Prepare a tree preservation plan which shall be incorporated
on the grading plan.
b. Ensure the tree preservation plan is followed during the plan
development (mass grading).
c. Submit a five hundred dollar ($500.00) security for the
preparation of individual lot tree preservation plans for each
mass graded lot with at least one (1) significant tree to be
saved and for each custom graded lot with at least one (1)
significant tree. The security will be included in the
development contract.
2. The tree preservation plan must be certified by a forester or
landscape architect. The forester or landscape architect shall
indicate on the plan the following items:
a. Mass graded areas.
b. Custom graded lots approved as part of the overall grading
and drainage plans.
c. Size, species, and location of all significant trees within the
construction areas impacted by grading.
d. Identification of all significant trees proposed to be saved
and significant trees proposed to be removed.
e. Measures proposed to protect significant trees shall include,
but are not limited to:
7-00
(1) Installation of snow fencing or polyethylene laminar
safety netting at the drip line.
(2) Placing fill against the trunk of the tree, on the root
crown, and under the drip line of the tree shall be
prohibited.
(3) Installation of erosion control measures.
(4) Prevention of change in soil chemistry due to
concrete wash out and leakage or spillage of toxic
materials such as fuels or paints.
(5) Pruning of oak trees must not take place from April 15
through July 1. If wounding of oak trees occurs, a
non -toxic tree wound dressing must be applied
immediately. Excavators must have a non -toxic tree
wound dressing with them on the development site.
3. During preliminary plat review, the tree preservation plan will be
reviewed according to the best available layout to preserve
significant trees and the efforts of the subdivider to mitigate
damage to significant trees. If two (2) or more trees are preserved
on each lot (preferably the front yard of the lot), the landscape plan
requirements of two (2) two (2) inch caliper trees is waived.
4. The subdivider shall provide a financial guarantee as part of the
development contract to ensure protection of all significant trees
which were to have been saved but were actually destroyed or
damaged. The subdivider shall provide a financial security for each
mass graded lot with at least one (1) significant tree to be saved
and a financial security for each custom graded lot with at least one
(1) significant tree as part of the development contract to ensure
tree protection. The financial security, generally one thousand
dollars ($1,000.00) per lot, will be determined by the Zoning
Administrator based on the number and size of trees to be saved.
The security will be included in the erosion control section of the
development contract.
5. After the mass grading has been completed and streets and utilities
installed, the forester or landscape architect shall:
a. Certify in writing to the City the tree preservation plan was
followed.
b. Certify in writing to the City the tree protection measures
were installed.
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c. Indicate which significant trees proposed to be saved have
been destroyed or damaged.
6. If a signcant tree indicated to be saved on the tree preservation
plan is destroyed or damaged, the tree replacement policy will be
enforced by the City (see Section 21-7-22.D of this Chapter).
7. The financial security will be released upon:
a. Certification in writing by the forester or landscape architect
indicating the tree protection measures were installed on
mass graded lots and tree replacement is completed, and/or
b. The builders have posted security for the custom graded
lots. The location of the trees being replaced will be
determined on the individual lot tree preservation plan.
8. Tree preservation measures shall require written approval from the
City Engineer prior to removal and shall not be removed from the
site until the City Engineer has approved the grading as -built plans
for a mass graded site nor prior to the release of financial securities
held by the City.
B. Home Builders:
1. The City will require an individual lot tree preservation plan
prepared and incorporated on the required site survey for each
custom graded lot with at least one (1) significant tree. The plan
shall be consistent with the original tree preservation plan for the
plat. The homeowner, builder and the forest or landscape architect
shall meet prior to the development of the individual lot tree
preservation plan to determine the placement of the home where
the fewest significant trees would be destroyed or damaged. The
builder will be responsible for ensuring the tree preservation plan is
followed during building construction. On mass graded lots with at
least one significant tree to be saved, builders are required to follow
the tree preservation plan for the plat.
2. The individual lot tree preservation plan must be certified by a
forester or landscape architect and signed by the homeowner. The
forester or landscape architect will indicate on the plan the
following:
a. Size, species, and location of all significant trees within the
construction area.
7
-22
b. Identification of all significant trees proposed to be saved
and significant trees proposed to be removed.
c. Measures proposed to protect signant trees shall include
but are not limited to:
(1) Installation of snow fencing or polyethylene laminar
safety netting placed at the drip line.
(2) Placing fill against the trunk of the tree, on the root
crown, and under the drip line of the tree shall be
prohibited.
(3) Installation of erosion control methods.
(4) Prevention of change in soil chemistry due to
concrete wash out and leakage or spillage of toxic
materials such as fuels or paints.
(5) Pruning of oak trees must not take place from April 15
through July 1. If wounding of oak trees occurs, a
non -toxic tree wound dressing must be applied
immediately. Excavators must have a non -toxic tree
would dressing with them on the development site.
3. Home builders will be required to furnish the following items for tree
preservation at the time the building permit application is submitted
for all lots with at least one (1) significant tree:
a. Security of one thousand dollars ($1,000.00) per lot per tree
protection requirements.
b. Certification from a forester or landscape architect indicating
tree protection measures are installed.
c. Builders are liable for subcontractors which destroy or
damage significant trees which were indicated to be saved
on the individual lot tree preservation plan.
4. Building inspectors will monitor the tree protection measures at the
time of routine inspections.
5. Prior to the issuance of a certificate of occupancy and release of
tree preservation security, the forester or landscape architect shall
certify to the City in writing that all the tree protection measures
identified on the tree preservation plan were installed from the start
7-23
of construction to the end of construction and tree replacement is
comp , letedis necessary.
C. Tree Replacement Policy: Subdividers and builders shall be required to
replace the significant trees which were indicated on the tree preservation
plan to be saved but ultimately were destroyed or damaged. The
subdivider and builder shall be required to replace each of the significant
trees destroyed or damaged with two (2) replacement trees. Replacement
trees must consist of nursery stock and be no less than the following
sizes:
1. Deciduous Trees: No less than two (2) inches in diameter.
2. Coniferous Trees: No less than six (6) feet high.
Replacement trees shall be species similar to the trees which were
destroyed or damage and can include those species shown on the
following table:
Deciduous Trees:
Coniferous Trees:
Maples
Linden (Basswood)
Green ash
Honey locust
Hackberry
Common Name
Fir
Colorado blue and
green spruce
Black Hills spruce
Austrian pine
White pine
Oak
Ash
Birch
Ginkgo (male only)
Kentucky coffee tree
Scientific Name
Abie (all varieties)/
pseudotsuga
Picea pungens
Picea abies
Pinus nigra
Pinus strobus
Replacement trees shall not be placed on easements or street rights -of -
way. If tree replacement is required on the individual lot because the
builder destroyed or damaged a tree which was to be saved, the forester
or landscape architect shall determine where the replacement trees shall
be installed.
SECTION 8
CONSTRUCTION STANDARDS
SECTION:
21-8-1: Monuments
21-8-2: Streets and Alleys
21-8-3: Sidewalks
21-84: 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.
2 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.
21-8-2: 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.
8-1
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 sub -grade 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 94on 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.
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 intervals not to exceed 800 feet. Wedge gate
valve shall be installed as main valves. Valve shall also be installed at
street intersection and branches in the distribution system or in locations
as determined 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.
Size of pipe shall be determined by lateral service and/or trunk service.
Trunk service shall be the responsibility of the property served and City
Council shall establish cost distribution policy. Lateral service shall be the
EEC?
responsibility of the property serviced and cost shall be borne by the
serviced property.
Sanitary sewer service shall be a minimum of four inches and shall be
installed in accordance with the City's standard detail templates.
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. In areas being developed for building sites with lots totaling 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.
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.
8-5
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 (1') 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.
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.
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SECTION 9
REQUIRED IMPROVEMENTS AND FINANCIAL ARRANGEMENT
SECTION:
21-9-1: Improvements Required
21-9-2: Construction Plans, Inspection and Warranty
21-9-3: Payment for Installation of Improvements
21-94: Agreement Providing for the Private Installation of Improvements
21-9-5: Agreement Providing for the Installation of Improvements by the City
21-9-6: Financial Guarantee
21-9-7: Improvements Completed Prior to Approval of the Final Plat
21-9-8: Trunk Facilities
21-9-9: Alternate Installation
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.
B. 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.
C. 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 in 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.
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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.
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
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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 there under 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.
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F. No applicanudeveloper 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.
C. 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.
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-
94 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-M.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 21-94 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.
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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
21-10-4& Findings
21-104B: Procedures
21-10-5: Building Permits
21-10-6: Violations and Penalty
21-10-6& 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
Tiled subject 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' 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 cononal 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.
21-10-44: 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.
B. Procedures:
ais 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 17") 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 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
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.
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) days 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 staffs report shall be presented to the Council.
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.
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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 by afour-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.
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
constructionI 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.
s 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.
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C. These fees shall be in addition to building
trunk storm water facility costs, zoning fees,
such fees, charges and expenses currently
may be established in the future.
permit fees, inspection fees,
charges, expenses and other
required by the City or which