HomeMy WebLinkAbout8.d. Subdivision Ordinance � ' CITY OF ROSEMOUN'T
. EXECUTIVE SUMMARY FOR ACTION
CITY COiJNCIL MEETING DATE: July 15, 1997
AGENDA ITEM: Subdivision Ordinance AGENDA SECTION:
New Business
PREPARED BY: Rick Pearson, City Planner AGENDA l���s , " �
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ATTACHMENTS: Draft Subdivision Ordinance (latest revision - APPROVED BY:
7-9-97)
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SUMMARY
The attached subdivision ordinance has been reviewed by the Planning Commission on June 24, 1997 and a
public hearing was held that same evening. No one appeared to testify for or against. City Attorney LeFevere
has now reviewed the draft twice and revisions have been made accordingly. While some final adjustments are
still possible, Stafffeels reasonably comfortable that the latest draft will accomplish the objectives discussed at
the Committee of the Whole meeting in April.
RECOMMENDED ACTION: Motion to adopt the revised Subdivision Ordinance '�i
COUNCIL ACTION: '�
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. XVII.4;
THE SUBDIVISION ORDINANCE
3/7/97 DRAFT
4/8/97 REVISED
4/15/97 REVISED
6/6/97 REVISED
7/9/97 REVISED
For further information, contact:
City of Rosemount
Department of Community Development
2875 145th Street West
P.O. Box 510
Rosemount, MN 55068-0510
(612) 423-4411 or
fax (612) 423-5203
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SUBD[VISION ORDINANCE
CITY OF ROSEMOUNT
TABLE OF CONTENTS
SECTION 1. GENERAL . . . . . . . 1
Subd. l.l Title . . . . . . . . 1
Subd. 1.2 Authority . . . . . . . 1
Subd. 1.3 Purpose . . . . . . . 1
Subd. 1.4 Scope . . . . . . . . 1
Subd. 1.5 Lots of record . . . . . . . 2
Subd. 1.6 Conflict with public and private provisions
Public provisions. . . . . . 2
Private provisions . . . . . 2
SECTION 2. DEFINITIONS. . . . . . . 2
SECTION 3. PLAT PROCEDURES . . . . . 7
Subd. 3.1 Pre-application. . . . . . . 7
Subd. 3.2 Subdivision platting requirements . . . . 7
Application and fees . . . . . 8
Staff review of application . . . . 8
Public hearings . . . . . 8
Council approval . . . . . 8
Subd. 3.3 Preliminary plats . . . . . . 8
Subd. 3.4 Final plats . . . . . . 9
Subd. 3.5 Platting alternatives . . . . . . 10
Administrative plats . . . . . 10
Simple plats . . . . . . 11
Subd. 3.6 Recording of final plats . . . . . 12
SECTION 4. QUALIFICATIONS GOVERNING
APPROVAL OF A PLAT . . . . . 12
SECTION 5. 5UBDIVISION DESIGN STANDARDS
AND IMPROVEMENTS . . . . . 13
Subd. 5.1 Street design standards . . . . . 14
Subd. 5.2 Street sections . . . . . . 15
Subd. 5.3 Sidewalks, trails, or pathways . . . . 15
Subd. 5.4 Easement details . . . . . . 15
Subd. 5.5 Landlocked parcels . . . . . . 16
Subd. 5.6 Park dedication . . . . . 16
Subd. 5.7 Required improvements . . . . . 18
Survey monuments . . . . . 18
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Sanitary sewer systems . . . . 18
Water system . . . . . . 19
Drainage facilities . . . . . 19
Streetlights . . . . . 19
Driveway approaches . . . . . 19
Turf . . . . . . 19
Subd. 5.8 Grading of site prior to final plat . . . 19
SECTION 6. VARIANCES. EXCEPTIONS, AND
PLANNED UNIT DEVELOPMENTS . . 20
Subd. 61 Variances . . . . . . . 20
Subd. 6.2 Exce ti n 20 '
p o s . . . . . . .
Simple lot divisions . . . . . 20
Minor subdivisions . . . . . 20
Agricultural lot divisions . . . . 20
Recombinations . . . . . 20 '
Consolidations . . . . . 20 '
Corrections . . . . . . 20
Registered land survey . . . . 21
Subd. 6.3 Planned unit development . . . . . 21 '
SECTION 7. ADMINISTRATION AND ENFORCEMENT . . 21 ,
Subd. 7.l Authority . . . . . . . 21 ,
Subd. 7.2 Premature subdivisions . . . . . 22 '
Subd. 7.3 Building pernuts . . . . . . 24 j
Subd. 7.4 Violations and penalties . . . . . 24 !
SECTION 8. REPEALS . . . . . . . 24 I�I
SECTION 9. VALIDITY . . . . . . . 24
SECTION 10. EFFECTIVE DATE . . . . . . 24
SUBDIVISION ORDINANCE
CITY OF ROSEMOUNT
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS that the Rosemount
Ordinances XVII.4, XVII.37, XVII.50, XVII.83, XVII.86, XVII.101, XVII.102, XVII.103, and
XVII.104 are hereby amended by substituting therefore, the new Subdivision Ordinance as I
follows: 'i
SECTION 1. GENERAL
Subd. l.l Title
This ordinance shall be known and may be cited as the"Subdivision Ordinance" of the
City of Rosemount.
Subd. 1.2 Authority
The Council shall be the platting authority.
Subd. 1.3 Purpose
All subdivisions of land hereafter submitted for approval shall comply in all respects with
the regulations set forth herein. It is the purpose of these regulations to:
A. Encourage well planned, efficient, and attractive developments by establishing
adequate standards for design and construction.
B. Provide for the health, safety, and welfare of people by requiring properly designed
and coordinated streets and adequate sewage, water, and drainage facilities.
C. Secure the rights of the public with respect to public lands and waters.
D. Serve as a tool to carry out the objectives and policies of the Comprehensive
Guide Plan.
E. Provide for a means to provide adequate recreational areas, school sites, and other
public facilities.
Subd. 1.4 Scope
This ordinance shall apply to the subdivision of land in the City. All subdivisions in which '
any of the resulting parcels is less than five acres in area or 300 feet in width shall be '
platted.
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s� a. s f r
b l. Lots o e rc� r r ' 1 nd
co , eco d�ng and conveying of a
Whenever any subdivision of land is proposed, before any binding contract is made for the
sale of any part thereof, before the subdivision is recorded with the County and before any
permit for the erection of a structure in such proposed subdivision shall be granted, the
subdividing owner, or its authorized agent, shall apply for and secure approval of such
subdivision in accordance with the procedures herein.
No conveyance involving the division of land to which these regulations are applicable
shall be filed or recorded with the Dakota County Recorder's O�'ice if the land is
described in the conveyance by reference to an unapproved registered land survey made
after or to an unapproved plat made after such regulations became effective. No building
permit shall be issued and no public utilities provided to a lot, piece or parcel of land
created by a division of land made in violation of the subdivision regulations of the City.
Subd. 1.6 Conflict with public and private provisions
A. Private provisions: These regulations are not intended to abrogate any
easement, covenant or any other private agreement or restriction, provided that
where the provision of these regulations are more restrictive or impose higher
standards or regulations than such easement, covenant or other private agreement
or restriction, the requirements of these regulations shall govern.
B. Public provisions: These regulations are not intended to interFere with,
abrogate or annul any other ordinance, rule, regulation, statute, or other provision
of law. Where any provision of these regulations imposes restrictions different
from those imposed by any other provision of these regulations or any other
ordinance rule or re ulation or other rovision of the law whichever rovisions
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are more restrictive or impose higher standards shall control.
SECTION 2. DEFINITIONS
ADMINISTRATOR: The Rosemount City Administrator or the Administrator's ,
designee. I
ALLEY: A right-of-way that provides a secondary means of vehicular access to the side �I,
or rear of two or more properties abutting on a street. i
APPLICANT: The person or persons requesting approval of a subdivision by the II
CounciL Consent shall be required from the legal owner of the property proposed for ',
subdivision in the event that the applicant does not own the effected property. '�,
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ATTORNEY: The Rosemount City Attorney.
BLOCK: An area of land within a subdivision that is entirely bounded by streets, or by
streets and the exterior boundary or houndaries of the subdivision, or a
combination of the above with a river, lake, wetland or rail road right-of-way.
BOARD: The Rosemount Board of Appeals and Adjustments.
BOULEVARD: That portion of a street right-of-way between the curb or curb line and
the property line.
BLJII,DING: Any structure having a roof which may provide shelter or enclosure of
persons, animals or chattel, and when said structure is divided by party walls
without openings, each portion of such 6uilding so separated shall be deemed a
separate building.
BUII.,DING SETBACK: The minimum horizontal distance from a lot boundary to the
nearest part of the foundation wall of a building as defined in Ordinance B, the
City of Rosemount Zoning Ordinance.
CITY: The City of Rosemount, Dakota County, State of Minnesota.
CLERK: The Rosemount City Clerk.
COI�IlVIISSION: The Planning Commission of the City.
COMPREHENSIVE GUIDE PLAN or COMPREHENSIVE PLAN: As defined in the
City's Zoning Ordinance.
COLJNCIL: The Rosemount City CounciL '
COIJNTY RECORDER: The County Recorder of Dakota County, Minnesota. ',,
DEVELOPER: The applicant or owner of land proposed to be subdivided or his/her '
representative who has petitioned the City for the installation af public
improvements including streets and/or utilities. Consent shall be required from the
legal owner of the proposed subdivision if the developer does not own the affected
property.
EASEMENT: Authorization by a property owner for another to use the owner's
property for a specified use.
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ESCROW: A deposit of funds held by the City for the purpose of securing public
infrastructure or subdivision improvements or�ther costs or obligations of the developer
as re uired or s ecified b resolution b the Cit Council, ordinance,
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Subdivision Agreement or agreed to by the Developer.
ENGINEER: The Rosemount City Engineer.
FINAL PLAT: A drawing, in final form, showing a proposed subdivision containing all
information and detail required by state statutes and by this ordinance to be
presented to the City Council for approval, and which, if approved, may be duly
filed with the county recorder.
FINANCE DIRECTOR: The Rosemount Finance Director or treasurer.
FRONTAGE: That side of a lot abutting on a public street right-of-way.
GRADE: The ratio of horizontal to vertical dimensions of slope of the road, street, or
other public way specified as a percentage of slope.
HIGHWAY, LIlVIITED ACCESS: A freeway or expressway, providing a trafficway for
through tra�c, in respect to which owners or occupants of abutting property of
lands and other persons have no legal right to accesses to or from the same, except
at such points and in such manner as may be determined by the public authority
having jurisdiction over such trafficway.
IlV�ROVEMENTS: See definition of "public improvements".
LETTER OF CREDIT: A letter provided to the City authorizing person(s) to pay money
or extend credit to another on the credit of the writer to secure the promise to
perform some act.
LOT: As defined in the City's Zoning Ordinance.
METES AND BOiJNDS: A method of property description whereby properties are
described by means of their direction and distance from an easily identified
location.
MONUMENT: An iron stake or pin placed in the ground indicating the location of
i intersecting property boundary lines.
NONACCESS EASEMENT: An easement restricting vehicular access from a public or
private property.
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OUTLOT: A parcel of land designated on a plat intended for future development I
purposes that is restricted from private development or use, and will be replatted in
accordance with an adopted preliminary plat, or a platted parcel intended for
public or quasi-public use including parks or ponding.
OWIVER: Any individual, firm, corporation, association, syndicate, partnership, or trust
with an interest in the land sought to be subdivided under these regulations.
PEDESTRIAN WAY: A public pedestrian walkway provided between lots where
required by the City to allow for pedestrian accessibility to streets or public areas.
This may also be referred to as a"trailway".
PLANNED iJNIT DEVELOPMENT: As defined in the City of Rosemount's Zoning
Ordinance.
PLAT: The drawing or map of a subdivision prepared for filing or recording pursuant to
Minnesota Statutes, Chapter 505 and containing all elements and requirements set
forth in applicable local regulations adopted pursuant to Minnesota Statutes,
Section 462.358 and Chapter 505.
PROTECTIVE COVENANT: A contract between parties which constitutes a restriction
on the use of the property. Such restrictions are not enforced by the City.
PUBLIC IlVIPROVEMENT: An infrastructure facility such as sanitary sewer, water
main, storm sewer, street, or other facilities intended for the public welfare for
which the City may ultimately assume the responsibility for maintenance and
operation.
PUBLIC LAND: Land owned and/or operated by a governmental unit dedicated for
public use.
PUBLICATION: As defined in the City's Zoning Ordinance.
REPLATTING: The platting of an area that was previously final platted and recorded
with Dakota County.
RIGHT-OF-WAY: As defined in the City's Zoning Ordinance.
RURAL SUBDIVISION: A low density subdivision in the Agriculture or Rural area ',
beyond the Metropolitan Urban Service Area (MUSA) with onsite individual ''�
sewage treatment facilities. I
SHALL: Means mandatory.
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SIDEWALK: A paved pedestrian walkw�y separate from the street surface.
STREET: As defined in the City's Zoning Ordinance.
STREET, COLLECTOR: A street intended to move traffic from local streets to arterial
streets across the city.
STREET, CIJL-DE-SAC: A street with only one vehicular outlet.
STREET, LOCAL: A street to serve primarily as an access to abutting properties.
STREET, FRONTAGE: That part of a lot which abutts a public right-of-way.
STREET, NIlNOR ARTERIAL: A street intended to collect and distribute traffic from
minor traffic generating areas such as community commercial areas, primary and
secondary educational facilities, hospitals, major recreational areas, churches, and
offices. They are designed to carry traffic from collector streets across the county
to the regional system of principal arterial highways.
STREET, PRINCII'AL ARTERIAL: A road intended to move through traffic to and
from major traffic generators such as central business districts, regional shopping
centers, colleges, and/or universities, military installations, major industrial areas,
and similar traffic generators within the governmental unit; and/or as a route for
traffic between communities or large areas and/or which carries interstate and/or
high volumes of traffic.
STREET, PRIVATE: A street which is not dedicated to the City for public use.
STREET, WIDTH: On a street with curbs, a measurement from the face of curb to the
face of curb, or the measurement of the paved or improved surface of a street
perpendicular to the centerline.
SUBDIVIDER: Any person, firm, corporation, partnership, or association, who shall
lay out any subdivision or part thereof as defined therein, either by themselves or
with others.
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 teasehold interests
where the creation of the leasehold interest necessitates the creation of streets,
roads, or alleys for residential, commercial industrial, or any other use, or any
combination thereof, except those separations:
a. where all the resulting parcels, tracts, lots, or interests will be twenty (20)
acres or larger in size and five hundred (500) feet in width for residential
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uses and five (5) acres or larger in size for commercial and industrial uses; !,
b. creating cemetery lots; '
c. resulting from court orders or the adjustment of a lot line by the relocation '
of a common boundary.
SUBDIVISION AGREEMENT' A contractual agreement providing for public
infrastructure improvements and land development entered into between the City
and subdivider to be completed prior to final plat approvaL
SURVEY MONLJMENT: See monument.
SURVEYOR: A person duly registered as a land surveyor by the State of Minnesota.
STRUCTURE: As defined in the City's Zoning Ordinance.
URBAN RESIDENTIAL SUBDIVISION: A subdivision serviced or to be serviced with
municipal sanitary sewer, storm sewer and municipal water developed within the
Metropolitan Urban Service Area (MCTSA).
VARIANCE: As defined in the City's Zoning Ordinance, Section 15.
ZOIVING DISTRICT: As defined in the City's Zoning Ordinance.
ZONING ORDINANCE: City's Ordinance B.
SECTION 3. PLAT PROCEDURES
Subd. 3.1 Pre-Application
The subdividers or owners should meet with City of�icials (Engineer and Planner) in order
to be made fully aware of all applicable ordinances, policies, regulations, and plans
pertinent to the proposed subdivision. Staff will then inform the subdividers of the
specific requirements for subdivision approval.
Subd. 3.2 Subdivision platting requirements
All subdivisions are subject to platting requirements unless otherwise provided for herein.
Platting requires two sequential review and approvals by Council. A preliminary plat is
required for overall public infrastructure phasing and capital improvement planning, and a
final plat is required for recording of each phase or addition. Prior to granting final plat
approval, the Council may permit or require the plat to be divided into two (2) or more
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additions or may impose such conditions upon filing of the additions as it may deem
necessary to ensure the orderly development of the plat.
Preliminary and final plats may be combined as a simple plat under circumstances
elsewhere described herein.
A. Application and fees: All applications for subdivisions shall be filed with the City
and shall include all of the information required on the application form provided
by the City and all of the information required by this Ordinance. Failure by the
applicant to provide all of the required information may result in immediate
rejection of the application by Staff. Application and processing fees shall be
established by fee resolution adopted from time to time by the Council.
B. Staff review of application: Within ten (10) days of the receipt of the
application, Staff shall complete the initial review to deternune if all required
information has been filed. The applicant will be notified of incomplete or
unacceptable application upon completion of the initial review. Failure by the City
to inform the applicant does not obligate the City in any manner.
C. Public hearing: When the application is complete, the City shall conduct a
public hearing before the Commission according to procedures specified in Section
16 of Ordinance B, the Zoning Ordinance.
D. Council approval: The Council shall act following the receipt of a complete
application as required accompanied by recommendations forwarded by the Parks
and Recreation Committee, Planning, and Utilities Commissions regarding the
subdivision in accordance with Minnesota Statute 462.358.
Subd. 3.3 Preliminary Plat
A. Application information: The preliminary plat, at a minimum, shall include the
following mformation:
1. Twenty (20) copies of the preliminary plat including all plat information '
required in this Ordinance or as established by City policy; '
2. Completed and signed application with corresponding fee(s) as established
by resolution of the Council;
3. Exact legal description of the property; and
4. Abstractor's certificate of property owners within three hundred fifty (350)
feet of the preliminary plat boundaries.
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B. Staf�'review, public hearing and approvai: The City shall complete the review,
public hearing and approval process according to the requirements of Section
3.2.C. of this Ordinance.
C. Final requirements: Prior to a final plat submission, the following information
shall have been received and approved by the Council:
1. A preliminary plat in accordance with the provisions of this Ordinance;
2. An Environmental Assessment Worksheet (EAW) when required and
subject to the provisions of Minnesota State Statutes; II
3. Approval of other governmental jurisdictions that have approval authority I
of preliminary plats; ',
4. An engineering feasibility report unless this requirement has been waived ,
by the Council; and ',
5. A tree preservation plan in accordance with Section 8.3.E. of Ordinance B,
the zoning regulations.
D. Lapse and extension provision: Approval shall be effective for a period of one
(1) year after action by the Council unless otherwise specified by the Council.
Upon expiration of the time limit, all approvals for preliminary plats or portions
thereof for which a final plat has not been recorded with the County, shall be null
and void and a new petition and processing shall be necessary to revalidate the
preliminary pla� unless the Council shall grant an e�ension of time prior to the
expiration date.
Section 3.4 Final Plat
A. Application information: The final plat, at a minimum, sha11 include the
following information: '
1. Twenty (20) copies of the final plat including all plat information required '
in this Ordinance or as established by City policy; '
2. Completed and signed application with corresponding fee(s) as established I
by resolution of the Council;
3. Easements or deeds as may be required by the City for trailways, ponding,
parks, utilities or similar public purposes in a form prescribed by the
Attorney; and
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4. Bond, escrow, letter of credit or similar guarantees to the City related to
performance and/or for installa±ion of public improvements and/or
developer to install improvements.
B. Staff review and approval: The Staff shall review the final plat and forward a
recommendation to the Commission. The Commission shall review the final piat
and forward a recommendation to the Council.
C. Final requirements: Prior to the City executing the final plat, the following
information shall have been received and approved by the CounciL
1. A Subdivision Agreement, drafted by the City that identifies all
requirements of the Developer and the City;
2. The approved phasing of the subdivision, which may include the use of
additions and/or outlots with dedication of public rights-of-way and/or
public easements;
3. Approval of other governmental jurisdictions that have approval authority
of preliminary plats;
4. An engineering feasibility report; and
5. _ Review and approval by the City's Public Utilities Commission and Park
and Recreation Committee; and '
6. A copy of the abstract when required by the City for a title '�,
search. !I
Subd. 3.5 Platting Alternatives
Alternatives to the standard preliminary and final plat procedures and requirements may be
permitted under certain conditions as defined below in Administrative plats and Simple
plats.
A. Administrative plat procedures: Administrative plats sha11 conform to all
requirements of standard subdivision except that some of the information
requirements such as the engineering feasibility report may be waived by the City
Staff. Property may be subdivided through an administrative platting procedure
, which combines the preliminary and final plat procedures in conformance with the
following conditions:
1. The resulting subdivision shall contain no more than three (3) parcels.
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2. The proposed subdivision shall be in areas where municipal streets and
utilities are already in place and capable of serving the plat.
3. Future streets shall not be constructed and the proposed subdivision shall
not interfere with proper development of neighboring adjacent properties.
4. Resulting parceis shall conform with all zoning ordinance requirements.
B. Simple plat procedures: A simple plat shall combine the procedures required for
preliminary and final plats to include one review and approval sequence before the
Commission and Council. Property may be subdivided through a simple platting
procedure in conformance with the following conditions:
1. The resulting subdivision shall contain no more than five (5) acres or three
(3) lots for commercial plats, and no more than ten (10) acres or twenty
(20) lots for residential plats.
2. Resulting parcels shall conform with all zoning ordinance requirements. �,
3. The proposed subdivision shall contain no more than one phase for final �I
platting.
Subd. 3.6 Recording requirements for final plats '
A. Vested rights: No vested rights, in terms of conveying lots, shall accrue to
any plat by reason of preliminary or final approval until the actual signing
of the plat by the City after all requirements are met and recorded with the
County.
B. Signing of plat: Signatures shall be recorded upon the final plat as required
by the County.
1. The signatures of the Commission Chair and Vice Chair or their designee,
attesting to the date upon which the Commission made a recommendation
on the preliminary plat after a public hearing.
2. The signature of the Mayor or Vice Mayor attesting to the
date upon which the Council approved the final plat.
3. The signature from the Clerk's office and seal of the City attesting to the
above-referenced actions by the City and valid signatures.
C. Release of plat: The final plat shall not be released by the Clerk for recording
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with the County until the following have been completed.
l. The recording of signatures upon the final plat as listed in
Subd. 3.6A and 3.6B above.
2. The recording of signatures upon the appropriate subdivision agreement(s).
3. The submittal of all required fees and appropriate financial guarantees to
the City, if any, ensuring the applicant's performance of the terms of these
regulations.
D. Recording of plat:
1. It shall be the responsibility of the subdivider to file with the County
Recorder within two years after the plat has been released for recording by
the City unless a time e�ension has been granted by the Council.
2. Failure to record the plat within the two (2) years of Council approval shall
render all approvals by the City null �nd void until a new
application has been processed and approved by the City or until
' the City has granted an ea�tension in time in which the final plat shall
be recorded.
E. Proof of recording: The City shall not take any action related to the plat
such as issuing building permits or awarding public utility or street
contracts on the platted property until such time as the Clerk has been
satisfied that the plat has been recorded with the County Recorder.
SECTION 4. QUALIFICATIONS GOVERNING APPROVAL OF PLATS '
All subdivisions shall conform to the following criteria:
A. That the proposed subdivision complies with applicable ordinances and the
comprehensive guide plan.
B. That the design or improvement of the proposed subdivision complies with
applicable plans of Dakota County, State of Minnesota or the Metropolitan
CounciL
C. That the physical characteristics of the site, including, but not limited to,
topography, vegetation, suscep tibility to erosion, and filtration, suseeptibility to
flooding, water storage and retention, are such that the site is suitable for the type
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of development or use contemplated.
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvements are not likely to
cause environmental damage.
F. That the design of the subdivision or the type of improvements are not likely to
cause health problems.
G. That the design of the subdivision or the type of improvements will not conflict
with the easements of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be �i
completed in a timely manner so as not to cause an economic burden upon the '�
City for maintenance, repayment of bonds, or similar burden. �I
I. That the design of the subdivision is compatible and consistent with the plattin�or
approved preliminary plat on adjacent lands. '
J. That all proposed urban residential subdivisions are in the Metropolitan Urban
Service Area(MUSA).
SECTION 5. SUBDIVISION DESIGN STANDARDS AND IMPROVEMENTS
Subd. 5.1 Street design standards
A. A subdivision shall provide for the continuation or appropriate projection of
existing streets in surrounding areas; or a subdivision shall conform to a plan for
the neighborhood approved, or adopted by the Council to meet a particular
situation where topography or other conditions make continuance or conformance
to e�sting streets impractical.
B. Local streets shall be so laid out that their use by through traffic will be
discouraged and so that they will not tend to function as collector streets.
C. Where a subdivision abuts or contains an existing or proposed collector or arterial
street, the City may require such treatment as may be necessary for adequate
protection of residential property and to afford separation of through and local
traffic.
D. Where a subdivision borders on or contains a railroad right-of-way, or limited
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access highway right-of-way, the City may require a frontage street approximately
parallel to and on each side of such right-of-way, at a distance suitable for the
appropriate use of the intervening land. Such distances shall also be deternuned
with due regard for the requirements of approach grades and future grade
separations.
E. Street intersections with center line offsets of less than two hundred fifty
(250) feet for local street to local street and six hundred sixty(660) feet for local
to collector intersections shall not be allowed.
F. When connecting street lines of the same street from each other at any
point by more than ten (10) degrees, they shall be connected by a curve with a
radius adequate to meet Minnesota Department of Transportation (Mn-DOT)
adopted sight distance guidelines, and of such greater radii as the Engineer shall
determine for special cases.
G. Streets shall be laid out so as to intersect, as nearly as possible, at right angles and
no street shall intersect any other street at less than seventy-five (75) degrees.
H. Sight easements with tangent distances of twenty-five (25) feet shall be provided at
street intersections or the City may pernut property lines at street intersections to
be rounded with a radius deemed necessary.
I. Street right-of-way and widths shall meet the following minimum criteria:
STREET DESIGN
Classifications Right of Way (ROW) (ft.) Street Widths (ft.) (1)
Principal or minor arterial As required by state or As required by state or
county county
Collector 80-100 36-52
Local 60 32
(1) Measured face of curb to face of curb.
ROW dedications, excluding turn around area may be reduced from 60 to 50 feet, and pavement
widths reduced from 32 to no less than 28 feet in areas as determined by the City to be
environmentally sensitive due to topography, forestation and/or wetlands. '
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J. The construction of half streets shall be prohibited, but half o�the required right-
of-way shall be platted within such tract where streets are appropriate as
determined by the City.
K. Cul-de-sac dead end streets, designated to be so permanently, shall not serve more
than fifteen (15) single-family dwelling units or twenty-five (25) multiple dwelling
units and shall not be longer than seven hundred(700) feet and shall be provided at
the closed end with a turn around having roadway diameter of at least ninety(90)
feet (measured face of curb to face of curb) and street property line diameter of at
least one hundred twenty(120) feet.
L. Cul-de-sacs shall only be developed where justified by irregular topography or
where adjacent to limited access streets.
M. Street grades, wherever feasible, shall not exceed the following, with vertical
curves design each meeting Mn-DOT approved standards:
tree�e Percent grade
Arterial 5
Collector 7
Local 8
N. No street grade in new subdivisions shall be less than one percent (1.0). At
intersections, the street grade shall not exceed two and zero-tenths (2.0) percent
for the first one-hundred (100) feet approaching said intersection.
Subd. 5.2 Street sections
The street section shall comply with design standards as set forth in the City Standard
Specification. All street designs are subject to the review and approval of the Engineer.
Subd. 5.3 Sidewalks, trails, or pathways
Sidewalks, trails or pathways shall be provided in each plat in accordance with provisions
of the City policy.
Subd. 5.4 Easement details
A. Utility and drainage easements abutting public street right-of-way and centered on
rear or side lot lines shall be at least ten (10) feet wide or wider as may be required
by the City.
B. Where a subdivision is traversed by a ponding area, watercourse, ponding or utility
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easements, drainage, channel, or stream there shall be provided a drainage
conforming substantially with the lines of such water course, and such further
width or construction, or both, as will be adequate for the purpose as determined
by the City. Said drainage or ponding easements shall be laid out and located in
such a manner as to provide reasonable access for maintenance and dredging
purposes without undue infringement upon the property over which access is
taken.
C. Trails or pedestrian ways shall be shown as trailways on the plat as separate
easements or recorded at the County as the City may direct.
D. When double frontage or reverse frontage lots are incorporated in a plat, a planting
screen easement of at least ten (10) feet in width may be required along the line of
lots abutting a collector street, minor or principal arterial highways.
Subd. 5.5 Landlocked parcels.
As a general rule, the City shall not permit landlocked parcels or parcels that are only
served by private easements. However, the City may permit the following:
A. Landlocked parcels in a multiple dwelling or commercial complex provided said
parcel(s) have access to public street by an easement over another parcel within the
same multiple dwelling or commercial complex.
B. Landlocked parcels which are researved for public use or platted as an outlot for
such use as ponding areas may be permitted.
Subd. 5.6 Park dedication
A. Comprehensive plans: Where a proposed park, trailway, ponding, or open space
area, shown on the City's Comprehensive Guide Plan, Park Development Guide,
Comprehensive Storm Sewer Plan or official map, is located in the whole or in part
in a subdivision, such area or areas shall be shown on the preliminary plat. Such
area or areas shall also be dedicated to the City by the subdivider if the Council
requests such dedication under the provisions of paragraphs below.
B. Dedication: In all subdivisions, the City shall require that a reasonable portion of
such land be set aside and dedicated to the public for parks, playgrounds or other
public use exclusive of property dedicated for streets and otherpublic ways.
l. In all residential subdivisions it shall be presumed that a reasonable
amount of land has been dedicated for parks and playgrounds if the
subdivider dedicates at least one twenty-fifth (1/25) of an acre for
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each dwelling unit of the proposed subdivision (acres to be dedicated
_ .04 x number of dwelling units). The City shall determine whether a cash
payment in lieu of land dedication is appropriate. The amount of cash
dedication shall be determined by multiplying the number of dwelling units
of the proposed subdivision times the designed fee per dwelling which may
be set from time to time by resolution of the CounciL
2. In all commercial and industrial subdivisions, it shall be presumed that a
reasonable amount of land has been dedicated to serve the needs of the
resident and working population for parks and playgrounds if the
subdivider dedicates at least five percent (5%) of the land in the subdivision
for parks, recreation and usable open space. The City shall determine
whether a cash payment in lieu of land dedication is appropriate. The
amount of the cash dedication shall be determined by multiplying the
number of acres (determined by application of the formula stated above)
times the designated fee per acre which may be set from time to time by
resolution of the Council.
3. The dedication of a portion of land for parks or playgrounds, or the
payment of cash in lieu thereof, provided for the above shall be presumed
to be reasonable. However, upon the request of the applicant, the
recommendation of Park and Recreation Committee, or at the discretion of
the Council, the City may either increase or decrease such dedication or
payment upon a determination by the Council that such dedication or
payment is unreasonable or insufficient given the specific characteristics of
the proposed subdivision and its intended use.
4. Ponding areas, needed as a part of the overall City storm drainage plan,
shall be dedicated as land or easement at the option of the City and as
accepted by the City. However, no credit shall be given for park
dedication unless said area meets the criteria for public parks as stated in
the City's park dedication resolution and is approved by the Council. Said
dedication of land or easement shall be in a form approved by the CounciL
5. In the case of subdivisions of land which have previously been subdivided
and for which land has been dedicated for parks or playgrounds, or cash
payments in lieu of such dedication have been made, the Council shall make
reasonable adjustments to recognize such previous dedication or payment.
C. Timing of park dedication: If a new subdivision is designed to be platted
into more than one addition, all park and other public use lands contemplated
under this section in the total subdivision area, shall be dedicated with the final plat
of the first phase or addition of the subdivision unless otherwise approved by the
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Council.
D. Condition of land to be dedicated: Land to be dedicated for public park, trail,
or ponding shall be brought to a suitable condition by the subdi�ider in accordance
with City policy. All disturbed areas shall have topsoil restored, be regraded with
turf established according to specifications provided by the City.
E. Abstract: Such lands shall be free and clear of all liens and encumbrances
including special assessments as evidenced by an recent abstract of title or
registered property abstract to be submitted at developer's cost to the City for its
examination.
F. Dedicated property: City must have received warranty deed or equivalent for
dedicated park property by the City before final plat is approved.
Subd. 5.7 Required Improvements
The following required improvements shall be installed in accordance with the engineering
policy, standards, and specifications which have been or may in the future be adopted by
the Council. Where standards and specifications have not been adopted, the
improvements shall be made in accordance with good engineering practices.
A. Survey 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. The monuments shall be of such material, size, and length as may be
approved by the City. It shall be the applicant's responsibility to see that the
survey monuments are maintained in good order during construction and
development.
B. Sanitary sewer systems:
1. Where available, municipal sewer facilities shall be provided in the
development of the subdivision.
2. Prior to providing plans for utilities, analysis of the soil to the depth of the
utility proposed should be rnade and provided with the utility report when
required by the City.
3. Where municipal sewer facilities are not available, individual sewage
systems shall be provided in accordance with the City Code.
C. Water systems:
1. Where available, municipal water facilities shall be provided in the
development of the subdivision.
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i
Z. Where municipal water facilities are not available, individua( water systems
shall be provided in accordance with the Minnesota Department of Health
and Dakota County adopted standards.
D. Drainage facilities: Storm sewer, open drainage, or other facilities and
easements shall be installed and provided, which will adequately provide for the
drainage of surface waters.
1. Said drainage facilities shall be provided as approved by the City Engineer.
2. Storm sewer and/or other drainage facilities shall be installed as determined
to be necessary by the City Engineer for proper drainage of the surface
waters.
E. Streetlights: Streetli�hts shall be installed as provided by the City's adopted
policy.
F. Driveway approaches: Concrete or bituminous driveway surfaces over
boulevard for lots adjacent to streets improved to City standards shall be provided
for the development.
G. Turf: Topsoil shall be spread to a minimum depth of four(4)to six(6) inches,
and lawn grass shall be established on each lot upon the completion of the paving
of adjacent street(s). In addition, prior to the issuance of occupancy pernuts for a
dwelling so provided, seeding sha11 be established and maintainable as a lawn, sod
shall be installed upon the unpaved street right-of-way fronting the lot and in any
drainage swales adjacent to the lot.
Subd. 5.8 Grading of site prior to final piat
Approval of a subdivision grading permit does not obligate the City in any manner to
approve a final plat. For further information, please refer to Section 14.7 of the City's
Zoning Ordinance.
SECTION 6. VARIANCES EXCEPTIONS AND
PLANNED UNIT DEVELOPMENTS
Subd. 6.1 Variances
The Board of Appeals and Adjustments shall have the authority to grant variances from '
the requirements of this ordinance subject to the same procedures, conditions, and findings '
required by the City's Zoning Ordinance. I,
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Subd. 6.2 Exceptions
The following subdivisions may be exempted from normal platting requirements.
A. Simple lot division: A simple, easily described division of a platted lot of record
(for example, east one-half of lot 31, north 150 feet of lot 31) may be exempted
from the platting requirements of this Ordinance provided the resultant parcels
meet all zoning requirements. Such division requires the approval of the Council.
B. Agricultural lot divisions: Lot divisions for single family dwellings in the
Agricultural District may be exempted from platting requirements in accordance
with Section 7.1 of the Zoning Ordinance.
C. Lot recombination: To divide one recorded lot or parcel in order to permit the
adding of a parcel of land to an abutting lot and create two (2) buildable lots. The
proposed lots shall not cause the remaining portion of the existing lots or parcels
to be in violation of this regulation or the Zoning Ordinance.
D. Consolidations: The owner of two (2) or more contiguous parcels or lots of
record may, subject to Council approval, consolidate said parcels or lots into one
(1) lot of record by recording the consolidation with the County and filing a copy
of a certificate of survey showing same, with the Clerk within thirty (30) days of
recording. No hearing or Commission review is necessary unless the proposal is
referred to the Commission by the Planner for clarification. The proposed lots
shall not cause any portion of the existing lots, parcels, or e�sting buildings to be
in violation of this regulation or the Zoning Ordinance.
E: Corrections: When a survey or description of a parcel or lot has been found to be '
inadequate to describe the actual boundaries, approval of a corrective plat may be ',
requested. This type of subdivision creates no new lots or streets. The proposed '
corrective subdivision, in sketch plan form, along with a letter signed by both ,
property owners agreeing to the new subdivision, shall be submitted to the '
Council for approval. No hearing or Commission review is necessary unless the
proposal is referred to the Commission by the Planner for clarification. The '
proposed lots shall not cause any portion of the existing lots, parcels, or existing '�,
buildings to be in violation of this regulation or the zoning code. A certificate of ��
survey may be required on any proposed lot with existing buildings in order to �i,
determine the placement of the building on the proposed lot. �
F. Registered land survey (RLS); Registered land surveys shall not be used to
avoid the requirements of the subdivision regulations. A registered land survey for
parcels of less than five (5) acres in size or 300 feet in width shall be reviewed by
the Commission and approved by the Council in the same manner as a subdivision
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plat. Such approval shall be attached ta the survey. All registered land surveys
shall be prepared in conformance with Minnesota Statutes, Section 508.47,
Subdivision 4. Prior to approval of a registered land survey, the Council may
require the dedication of street or utility easements or public park land to the City.
Subd. 6.3 Planned Unit Development
The City may combine public hearing requirements for subdivisions with those required of
the Planned Unit Developments.
SECTION 7. ADMINISTRATION AND ENFORCEMENT
Subd. 7.1 Authority
The Administrator, or the Administrator's designee, shall administer and enforce the
provisions of this ordinance and shall have said authority to:
A. Enter upon the land or within a building during reasonable working hours as found
necessary to fulfill his/her duties as administrator of this ordinance.
B. Conduct inspections of buildings and use of land to determine compliance with the
terms of this ordinance.
C. Maintain permanent and current records of this ordinance, including, but not
limited to, maps, amendments, bonds,variances, waivers, plats, development
agreements, and applications thereto.
D. Institute in the name of Rosemount appropriate citations or proceedings against a
violator as provided by law.
Subd. 7.2 Premature subdivisions
Any preliminary plat/final plat and/or development deemed premature pursuant to the
criteria listed below shall be denied by the Council.
A. Lack of adequate drainage: A condition of inadequate drainage shall be
deemed to exist if:
1. Surface or subsurface water retention and runoff is such that it constitutes
a danger to the structural security of the proposed structures.
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2. The proposed subdivision will cause pollution of water sources or damage
from erosion and situation on downhill or downstream land.
3. The proposed site grading and development will cause harmful and
irreparable dama�e from erosion and situation on downhill or downstream
land.
4. Factors to be considered in making these determinations may include:
average rainfall for the area; the relation of the land to flood plains; the
nature of soils and subsoils and their ability to adequately support surFace
water runoff and waste disposal systems; the slope of the land and its effect
on ei�luents; and the presence of streams as related to e�luent disposal.
B. Lack of adequate water suppiy: 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 devetoped to its maximum
permissible density without causing an unreasonable depreciation of existing water
supplies for surrounding areas.
C. Lack of adequate roads or highways to serve the subdivision: A proposed
subdivision shall be deemed to lack adequate roads or highways to serve the
subdivision when:
1. Roads which serve the proposed subdivision are of such a width, grade,
stability, vertical and horizontal alignment, site distance and surface
condition that an increase in traffic volume generated by the proposed
subdivision would create a hazard to public safety and general welfare, or
seriously aggravate an already hazardous condition, and when, with due
regard to the advice of the County and/or the Mn-DOT, said roads are
inadequate for the intended use.
2. The traffic volume generated by the proposed subdivision would create
unreasonable highway congestion or unsafe conditions on highways
e�sting 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 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 after ''�
reasonable sewer capacity is reserved for schools, planned public facilities, and 'I
commercial and industrial development projected for the next five (5) years; or if in '
subdivisions where sewer lines are neither available nor proposed, there is
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inadequate on-site sewer capacity potential to support the subdivision if developed
to the maximum permissible density indicated in the Rosemount Comprehensive
Plan, as may be amended.
E. Inconsistency with Comprehensive Plan: A proposed subdivision shall be
deemed inconsistent with the City's Comprehensive Plan when the subdivision is
inconsistent with the purposes, objectives and recommendations of the adopted ,
Comprehensive Plan of Rosemount, as may be amended. Subdivisions which do '
not follow planned public improvements shall be deemed inconsistent with the '
City's growth strategies as outlined in the Comprehensive Plan.
F. Public service capacity: A proposed subdivision shall be determined to lack
i nal facilities
necessa ublic service ca acit when services such as recreat o ,
rY P P Y
schools, police and fire protection and other public facilities, which must be
provided at public expense, cannot reasonably be provided for within the next two
(2) years.
G. Minnesota Environmental Quality Commission (EQB) Policies: The
proposed subdivision is inconsistent with the policies of the Environmental Quality
Board, as may be amended, and could adversely impact critical environmental
areas or potentially disrupt or destroy historic areas, which are designated or
officially recognized by the Council, in violation of Federal and State historical
preservation laws.
H. Inconsistency with Capital Improvement Plans: A proposed subdivision shall
be deemed inconsistent with capital improvement plans when improvements and/or
services necessary to accommodate the proposed subdivision have not been
programmed in the Rosemount, County or other regional Capital Improvement
Plans. The Council may waive this criteria when it can be demonstrated that a
revision to capital improvement programs can be accommodated.
Subd. 7.3 Building permits
No building permit shall be issued until public improvements have been accepted by the
City.
Subd. 7.4 Violations and penalties
Any person who violates or fails to comply with any provisions of this Ordinance shall be
guilty of a misdemeanor, and upon conviction thereof shall be punished according to
Minnesota Statutes, Section 609.2, subd. 3.
SECTION S. REPEALS
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The Board of Appeals and Adjustments and its functions are provided by Section 15.1 in
Ordinance B.
SECTION 9. VALIDI'TY
The invalidity of any part of this Ordinance as declared by a court of competent jurisdiction shall
not affect the validity of the remainder thereof.
SECTION 10. EFFECTIVE DATE
The effective date of this Ordinance shall be the date following its publication, this th day of
, 1997.
ADOPTED by the City Council of the City of Rosemount this_day of , 1997.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh,
City Clerk
Published in the Rosemount Town Pases this day of , 1997.
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