HomeMy WebLinkAbout2.b. Subdivision Ordinance Rewrite Discussionr
; CITY OF ROSEMOUNT
EXECUTIVE SI;miIl1�1ARY FOR DISCUSSION
COMNIITTEE OF THE WHOLE
DATE: APRIL 16, 1997
AGENDA TTEM: SUBDIVISION ORDINANCE REWITE AGENDA NO.
DISCUSSION 'TE.� � 2
PREPARED BY: Dan Rogness, Community Development Director
ATTACHMENTS: Subdivision Ordinance, adopted October 19,
1972, and revised Subdivision Ordinance
This discussion is a staff initiative and is part of a Council directed work program to
update City ordinances.
SUMMARY
Staff has been working on a draft of a new subdivision ordinance for about eight weeks.
The current ordinance dates back to 1972, although it has been amended variously since.
The subdivision ordinance regulates how land is developed and focusses on process.
The zoning Ordinance contains most of the dimensional standards that includes lot sizes.
Therefore, lot dimensions are not part of this discussion.
The mechanism of how the review process works and how public infrastructure is installed
with updated street standards is at the heart of the discussion. Engineering standards for
public streets has been reviewed and updated with the attached revisions as a result.
Submission requirements for information change periodically and the intent is to refer to a
policy that can be somewhat flexible in contrast with material requirements specified by
ordinance. For example, an administrative plat may waive the requirement for a grading
plan with two foot contour intervals because the land is flat and the lots will be shaped
when foundations are excavated. Clarity and specificity are the ultimate goals of the
ordinance revision.
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CONIlViENDED ACTION NOTES:
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��.n�r.�.vcE No x:VII
Villa�e o,f Rosemount
Dakota County
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Adopted October 19, 1972
SL-BDI�-ISION ORDIN�iNCE
Vllage of Ros�Jmount
ORnnva�vCE No. XVII.4
� T.�� oF Corrrn�rrs
SECTION 1 G�ER.�L
Subd. I.1 Tide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Subd. 1.Z Authoriry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
Suod. 1.3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
Subd. 1.4 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION Z DEFINI'TIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3
SECTION 3 PROCEDURES
Subd. 3.l Pre-Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
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Subd. 3.2 Preliminary Plaz Proceriures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �
Subd. 3.3 Final Plat Proc�dures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION 4 SPECIFIC 3TIONS FOR PL?�TS
Subd. 4.1 Information Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Subd. 4.2 Supplementary Information Required . . . . . . . . . . . . . . . . . . . . . . . . 5
Subd. 4.3 Qualincations Governin; Approval of a Preliminary Piac . . . . . . . . . . . � i
SECTION � SUBDIVISION DESIGN ST��IDARDS
Subd. 5.1 Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,6
Subd. 5.2 Intersec�ions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,7
Subd. �.3 Alleys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
' Subd. 5.4 Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 .
Subd. 5.5 Bloc!cs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Subd. 5.6 Lou . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,8
Subd. �.7 Public Sites, Pedestrian Ways, Open Spaces and Namral Feamres . . . . . . 8
Subd. 5.8 Plantin� Strips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
SECTION 6 SUBDIVISION L�ROVEI��ITS
Subd. 6.1 Required Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,10
Subd. 6.2 Payment, Improvemeat Contract, Financial Guarantee . . . . . . . . . . . 10,11
Subd. 6.3 Construction Plans and As-Builts . . . . . . . . . . . . . . . . . . . . . . . . . . 11
SECTION 7 V3RIr��iCES, EXCEPTIONS, PLe�t�iNED UNTT DEVELOP'.1�YT
Subd. 7.1 Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Subd. 7.2 Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Subd. 7.3 Ptanned Unit Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
SECTION 8 ADNIL�IISTI2�TION A��iD ENFORCE�,�1T
Subd. 8.1 Authorit�� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Subd. 8.2 Buildin� Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Subd. 8.3 Violations and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SECTION 9 A1�NDME`+'TS
-. Subd. 9.1 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 __
SEC'I'ION 10 REPEAI.,S . . . . . . . . . . . . . . . . . . . . . . . .i. . . . . . . . . . 12
SECTIOti 11 v�.LIDITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 _
SEC`tZON 13 EFFECTIti�E D:�.TE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
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SUBDIVISION ORDINA1vCE
_ Vllage of Rosemount
Dakota County, Nlinnesota
ORDLY��CE NO. XVII.4
SEcnorr i Gnv�.
SUBD. 1.1 'T�.E
This ordinance shall be known and may be cited as the "Subdivision Ordinaace" of the �Ila;e
of Rosemount.
Svsn. 1.2 AvrHORrrY
The Council of the Village oi Rosemount shall be the piatting authoriry.
SLBD. 1.3 Pt�osE
AIl subdivisions of land hereafte: submined for approval shall comply in all respe:ts with the
re;ulations set forch herein. It is the purpose of these re;ulations to:
a. Encourage well planneci, efficient, and attractive developments by establishing adequate
standards for desi;n and construction.
b. Provide for the health, saiery, and welfare of people by requirin� properiy desi�ned and
coordinated streets and adequate sewa�e, water, and draina;e faciliues. � �
c. Secure the rights of the public wirh respect to public lands and waters.
d. Serve as a tooi to carry out the objectives and poiicies of the Comprehe:Lsive Guide Plan.
e. Provide for a means to provide adequate recreational areas, school sites, and other public
facilities.
$UBD. 1.4 $COPE
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. (Ord.
Amendment No. XVII.86 - Adopted 9/20/88).
SECTI�N 2. DEFINTTIONS
lev A minor way providina secondary vehicular access to the side or rear of two or more
properties abutting on a street.
Block An area of land within a subdivision that is entirely bounded by streets, or by streets and
the exterior boundary or boundaries of the subdivision, or a combination of the above wi[h a
- � r:�er, lake, or rail tine.
Butt Lots Any lot, or lots, at the end of a block, located between two corner locs.
� Coliector Street A street so desi�ned on the Villa�e Comprehensive Guide Ptan. " -
Com_prehensive Guide P1an (Comorehensive 1�lunicinal Pianl Compilation of policy
stacemencs, objecrives, standards, and •-�aps for guiding the physical, social and economic
development, both public and private, of the municipaliry and its environs, as defined in the
Minnesota Municipal Ptanning Act.
Cui-de-sac Short, local stre�t havin; only one outles and a vehicuIar arrnaround.
Doubie Frontage Lot A lot e:ctendin� between and having frontage on a major street and a
local street with ve.�icuIar access solely from che lauer.
asement A ;rant by an owner of land for the specific use of said land for a public or
quasi-public purpose.
Final Ptat Final mao, drawin„ or chart on which the subdivider's pIan of a subdivision is
presented to rhe �lla;e Council for a:�proval and which, if approved, will be submitted to the
Counry Register of Derds.
.�Local Street A stre�t of Iimited continuity use.si primariiy for access to abuttin� prooerties and '
the local needs of the nei'hborhood. ',
Lot One unit oi a recorded plat subdivision, or registe;land survey, occupiesi or to be occupied
by a buildin; and its accessory buildin�s and inciudin; as a minimum such open spacrs �s are
required under this ordinance and havin� fronta;e on a public street.
._`,.�-Maior Thorou�hfare A stre�: desi�nated on the vlla;e Comprehensive Guide Plan as a
` frerway, artezial, or collector stre�t. .
i�iar�nal �,ccess Street A local strerc which is parallel and adjacent to a thorou�hfare and
which provides access to aburin' properties and protection from throu,h traffic.
Owner Any individual, firm, association, syndicate, co-partnership, corporation, trust or any
other le�al entiry having proprie:ary interest in the land bein; subdivided under this ordinance.
Pedestrian Wav A public ri?nt-of-way ac:oss or within a block or development to provide
. acc�s for pedestrians.
Plannin� Commission The Plannin� Commission of the Villa;e of Rosemount.
Preliminarv Piat A tentative map, drawin;, or chart of a proposed subdivision meetin,
requirements herein enumerated_
Private Street A sueet serving as vehicular access to two or more parcels of land which is not
dedicated to the public buc is owned by one or more private parties.
Street A public way for vehicular traffic whether designated as a street,highway, thorou�hfare,
pazkway, [hroughway, road, arterial, lane, place or however otherwise designated. The width
of a street is measured between right-of-way lines.
Subdivider Any person commencin� proceedings under this ordinance to effect a subdivision
of land for himself or ochers.
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, Subdivision The separation of an area, parcel, or tr3ct of land under single ownership into two
(2) or more parceis, tracu, lots, or �ong term le�sehoid interests where che creation of che ,
Ieasehold intezest ne�essitates the creation of streets,roads,or alleys foc residential, commercial,
- � industrial, or other use, or any combination thereof, except chose separations.
a. Where all tize resulting pazcels, tracu, lot�, or inuerest� will be cwenty (20) ac:es or lar;er ',
in size and five hundred (500) fees in width for residential uses and five (� acres or tar;er '
in size for commercial and industriai uses; '
b. Creating cemesery lots;
c. Resulting from court orders or the adjustment of a lot line by the relocation of a common
boundary. (Ord. Amendmeru �Vo. XVII.86 -Adopted 9/?0/88).
SECTION 3 PROCIDURFS
SUBD. 3.1 PRE:�PPLIC.�?ION
The subdivide:s or owners should me�t with the Villa;e Plannin; Commission, the Villa?e
Clerk, and other appropriate otiicials (Village En;inee: and Ptanner) in order to be made fully
aware of all apnlicable ordinances, re�uiations, ar.d plans in the area to be subdivided. The
subdivider is ur;ed to avail himseif of the advice and assistance of rhe Plannin� Commission and
the Villa;e Clerk in order to save time, money, and efiort and to facilitate the approval of the
preliminary plat.
SUBD. 3.2 PRELIbiI�YARY PL.�T PROCEDURES
a. Application and Fee. The subdivider or owner shall file with the Villa�e Clerk ten (10)
copies of the preliminary plat and such supplementary information as may be res�uired and
a cash fe� of �2�.00 plus �2 for each lot. In addition, to the apglication and fee, the
subdivider shall be require3 to prepay all plannin„ en�ineerin„ and le?al expenses incuned
by the Villa;e for the review of said request, based on an estimate.
b. Distribution to other Asencies. The Villa;e Clerk shall refer one (I) copv of the
preliminary plat to each of the following a;encies: County Hi�hway En;in�r, County
Surveyor, Counry Planning Commission, School Board, Villa;e En;inerr, the Villa�e
. Plannin� Commission, and the Villa;e Udlities Commission, for review and report. If
within rhirty (30) days, any a'ency fails to submit a report, the Villa,e may proceed on the
assumption that the aQency has approved rhe plat.
c. Pubiic HearinQ. The Plannin; Commission shall submit a recommendation to the VilIage
Council within sixty (60) days of receipt of the application. The Villa?e Council shall hold
a public hearing on the Preliminary Plat after nocice of che time and place thereof has been
published once in the official newspaper at least ten (10) days before the day of the hearing.
The Villa�e Council shall act to approve or disapprove the preliminary piat. If disapproved,
the reasons for disapproval shall be sec forrh in the Minuces of the Council.
SUBD. 3.3 F`INAi. PLa.T PROCEDL'RES
a. Final Submittal. The owne: or subdivider shalt file three (3) hardsheil and two (2) tinen
- � copies of the final plat for consideration by thz Villa�e Council incorporating all chan�es _
or modifications required as conditions of approval of the preiiminary plat. In all other
respecu, it shaIl conform to the preliminary plat as approved. The plat shall be complete
as to the information requireti under Section =� of this ordinance.
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b. Certi�cate of abstr�ct. The owner or subdivider shall also subrcut an up to-dat
abstract of dde or such orhe: evidence as required by che Village Attorney. '
.__ c. Review. The Village Clerk shall refer the final piat to the Planning Cammission for its
review, report, and signature. The report shall be submitted to the Vllage Councii within
thirry (30) days of receipt of the plat and the Council shall act on the final plat within sixry
(60) days of its receipt provided all improvement contract requirements have been saasfied
according to Section 6 of this ordinance.
d. Recordin�. Upon approval of the final plat by the Village Councii, the subdivider shall
record the final plat with the Counry Register of Deeds, as provided for by that office,
within sixry (60) days afrer approval by the �llage Council. The subdivider shall, within
thirty (30) days of recordin�, furnish the�llage Clezk with one t'inen copy of the final plat
showin; evidence of the recording.
$ECTION 4 SPECIFIC3TIONS FOR PL.�TS ',
SUBD. 4.1 INFOR'�I.�,TIOY REQUIItID
The plat shall be cieariy and le�ioly drawn at a scale of one inch equals one hundred (100) feet, '
or lar�er, and shall contain rhe :ollowin� information: '
a. Title of the proposed subdivision. i
b. Names and addresses of the owner, subdivider, surveyor or engineer preparin� the plat. ,
c. Locauon of the subdivision by se..�-tion, township and ran,e, or by le;al description.
d. Graph�ic scale, north arrow, date of preparation. �I
e. The names of abuttin� subdivisions and boundary or property Iines of adjoinin� subdivided
or unsubdivided (ands.
f. Boundary line survey.
D. Total acrea;e (acrea'e of individual lou in preIiminary plat).
h. Location of existin;easemeats, stre�ss,utilicies, structures,section lines, and corporate lir,es
within and adjacent to the proposed subdivision.
i. If a replat, the ori�inal lot and block arran;emenu shown ut dotted or dash lines.
j. Streets, street names, right-of-way, and roadway widths.
k. Locations of all alleys, pedestrian ways, and utiliry easements.
l. Layout, numbers, and dimensions of all lots and blocks.
m. Areas intended to be dedicated or reserved for public use.
n. Minimum front and side strest setback lines as required by the Village Zoning Ordinance.
o. High water and floodplain boundaries where appropriate.
p. The location of all monuments.
- � q. Notarized certification by a re�istered tand surveyor.
r. Notarized certification by the owner or owners and by mort,age holders.
s. Certification showin� [hat all taxes and special assessmen�s have been paid.
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t. A form for approval and for the signatures of the Ptanning Commission Chairman and
Sec:esary and the Niayor ,nd Village Clerk.
SUBD. 4..'. SLTPPLEI4E�`�T.�RY $`1FOR'N.�►'TION REQUIRID
In addition to the plat, the following information shall be required and 81ed with the prefiminary
plaz.
a. A topographic map at the same scale as the preliminary plat showing supposed loc lines
existing and proposed topography, street cear.eziine ;rades, water courses, mazshes,
vegetation, and other significant features.
b. Soil absorpuon tesu where sepcic tanks are proposed, in accord with the Villa;e sewer and
water ordinance.
c. A schemaric utiIiry plan for water, sanitary and storm sewers and draina;e and includin, the
proposed location, �radient and size of such proposed sewer and water lines.
d. A map indicating plans for rhe deve?opment of the enure area, ii the proposed plat is a
portion of a lar�er holdin� intended for subsequent development.
SUBD. 4.3 QL'�iI.IFTC�'TIONS GOVERIVL�IG r�PPROV?.L OF a PRELitii�LY?�Rl' PL.�T
a. The approval of a pre?iminary plat bv the ViIla;e Councii shall only constitute ac��ptance
of the desi�n as a basis for the preparation of the fmal plat by the owne:s or subdividers.
Subsequent approval by anoropriate officials havin� jurisdiction will be required ot the
proposais pertainin� to wate:supplies, storm draina;e,sewa�e disposal, sidewalks, �radin„
;radients, and roadway widths and the surfacin; of streeu prior to the approval of rhe final
plat. The suhdivide: shall aIso present evidence that the plat has been reviewed by, and
meets rhe requirements of, those responsible for the provision of�as, electric, and telephone
service.
b. No pian will be approved for a subdivision which includes any area subject to periodic
floodin� or which contains extremely poor draina�e capabilities which would make adequate
draina�e of the suees and lots impossible, unless the subdivider agre�,s to ma�:e
improvements which will, in the opinion of rhe�Ila�e EnQineer, make the area completely
safe for occupancy and provide adequate street and lot draina;e. I
SECTION �. SUBDIVISION DESIGN ST�„�tD�RDS
SLTsn. 5.1 SrxEE'rs
a. Widths. Street right-of-way widths shall be as shown in the Comgrehensive Guide Plan
and, where applicable, shall conform to Counry and State standards for trunk hi�hways. In
general, minimum widtE�►s should be as follows: Freeways, 300 feet; Arterials, 100 feet;
Collectors, 66 feet; and L.ocal Streets, 60 feet.
b. �iorizontal Ali�nment. FThen connectina streets lines deftect from each o[her by more than
ten degrees (10°), they shall be connected by a curve with a minimum radius of three
hundred (300) feet for collector street and one hundred (100) for local stre�ts.
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c. Vertical �lienment. Diffe:ent connec:ing strees gradienc� shall be connected with vertic.al ;
curves. �finir,::�m si;ht distance shall be two hundred(200) feet for coilector street and one I
hundred (100) fe�t for local streess. �,
d. Minimum and 1�larimum Grades. Niinimum: OS percent; Maximum: 4 perce:�t far I!
coilector stree�s, 7 percent for local streess. '
e. Minimum Carrvin� Cav�citv. Seven-ton axle loading for local stresu. Nine-ton axle II
loadin; based on traffic volumes for arerial and coile�or streeu.
f. Local Strests. Local stree:s shall be laid out so that their use by throu;h traffic will be
discouraged.
g. Cul-de-sacs. Maximum len;th: 700 feet. Minimum radius of turnaround (right-of-way):
60 feet. Where certain copo�raphic features or other unusual circumstances dictate, special
consideration may be given to lon;er cul-de-sacs.
h. District Access to 1�iaior ThorouQhfares. In the case where a proposed piat is adjac�nc
to a freeway, arte:ial, or collector strert is defined by the Guide Plan, there shall be no
direct access from individual lots to suc!� major thorou;hfares. In the plattin� of small trac;s
of Iand frontin; on major thorou�hfares, where no other access is available, a temgorary
entrance pe:mit may be �ranted bv the State or Countv Hi?nway Department. Provision
shall be made in suc� plau for the connection of roads to nei;hborin� land. As the
nei;hborin; tand is platte:i and deve:oped, and alternate means of access becomes possible,
such temporary entrance per;niu shall become void.
i. Half Streets. Half streets shall be prohibited except whe:e it wiil be practical to require the
dedication of the ocher half wnen the adjoinin� prope:ty is subdivided, in which case the
dedication of a half strert may be pe.�-:nitted. The probabie ten�th of time elapsin� before
dedication of the remainde: shall be considered in this decision.
j. Private Streets. Private stre�ts shall not be permitted nor shall public improvements be
approved for private sueets.
k. Street Names. Street n2.rnes shall comply with the Dakota County Stre�z Namin� and
Numberin; System.
1. Stub Streets. Where adjoinin; Iands are not subdivided, some of the streets in the new
subdivision shall be required to be extended to the boundary line of the tract to make
provision for future access into adjac�nt areas.
m. Street Continuation and Extension. The arran;ement of streets shall provide for the
continuation of existin� streeu from adjoinin; areas into new subdivisions where
appropriate.
n. Street Location and Dedication. All subdivisions shall be required to conform to the
Comprehensive Guide Plan. Artezial and collector streets shown on the Guide Plan shall
be dedicated, in the locations and widths shown, to the Villa�e as a condition of plat
approval.
SUBD. 5.2 LYTERSECTIOtiS
a. An�le of Intersection. Street shall intersect as nearly to 90 de�rees as possible. In no
-. . case, shaIl streeu intersect a� less than 7� de�rees.
b. Number of Streets. No more than two (2) streecs shall cross at any one intersection.
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c. Cent=e 4ffsets. The minimum distance between the centerlines offses incezsections shall
be 125 feet.
5`usn. 5.3 Ai.�Ys
a. Width. Alleys should have a minimum ri;ht-of-way width of thirry (3�) feet and shall
coniorm to the ;radient requiremenu of local street�.
Susn. S.� Eas�.w'rs
a. tilities. Easements at le�st twelve (12) feet wide centered on the rear and side Iot lines
shall be provided for utilities where necessary. They shall have continuiry of aiignment
from lot co lot and block to block.
b. Drainaae. Easements shall be provided alon; each side of any watercaurse to establish a
storm sewer, draina;e, or floodway right-of-way. Its boundaries shall conform substantially
with the centerline ali;nment of such watercourse.
c. Protection. Protective or sce:uc easements shall be provided to a depth of 100 fe�: from
the hi�h water line of all lakes, ponds, and strea,ms or to such lo;ical natural/ecological
boundary as can be a;reed upon by the owne: and the Villa;e.
SUBA �.� BLOCXS
a. Arranaement. A block shall be so desi;ned as to provide two (2) tiers of lots exceot where
lots back onto a major sueet, naturai feature, railroad, or subdivision boundary, in which
case, it may have a sin;le tie: of lots.
b. Len h. The maxunum len�th of blocics shall be 1,500 feet and the.minimum len�h, 400
feet. Btocics over 900 feet Ion� may require pedestrian ways at Ieast ten (10) fe�t wide at
their approximate center.
SvsD. 5.6 LoTs
a. Location. All Iots shall abut for their full frontage on a publicly dedicated street.
b. Size. The lot dimensions shall be such as to comply with the minimum lot areas specified
in the Zoning Ordinance.
c. Butt Lots. Butt lots shall be prohibited.
d. Side Lot Lines. Side lines of lots shall be substantially at right an�les to straiaht street Iines
or radial to curved sueet lines.
e. Watercourses. Lots abuttin� upon a watercourse, draina�eway, channel, or stream shall
have sufficient depch and width to provide a minimum area of land not subject to flooding
equal to the minimum lot dimensions specifieri in the Zoning Ordinance foc the district in I
which the lots are located. '',
f. Drainaae. Locs shall be oraded so as [o provide draina�e away from buildina locations. �'
a. Width Related to Deflth. To prevent narrow deep lots,the depth of a lot should not exceed
2-1/2 times the width as measured at the building line.
� h. Double Fronta;e Lots. Double fronta�e lots (lots with frontage on two parallel streets)
shatl not be permitted except where lots back to a major thorou�hfare street. Such tots shaIl
have an additional depth of at least ten (10) fe�t in order to altow for screen planting alon�
the back lot line. _
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i. Corner Lots. Corne: lo[s shall be platted at least fifteen (15) fee: wider than che minimum
width r��uired by the Zoning Ordinance.
j. Tuture �rrangements. Where parcels of land are subdivided into unusually laz;e (ocs, such
as when laz;e lors are re�uired for sepcic tank operations, the piat shall be designed and
shall show, in dashed lines, how tots can be resubdivided at some future date when public
sanitary sewers are availanle.
SUBD. 5.7 PUBLIC STi'ES, PEDES'TRIf�.�Y WaYS, OPE.Y SPACES ,�,�rD YaT'tJR�L F`E.�TL'RES
a. Pubtic Uses. Where a proposed pazk, playground, school, trail system, or other pubtic use
shown on rhe Comprehensive Guide Pian is located in whole or in part within a subdivision,
the area shall be dedicated co the pubiic or reserved for public purchase at fair market value.
If within two (2) years of recordin� of the plat, the purchase is not consummated, the ',
reservation shall be-cancelled.
b. Dedication. In all new residential subdivisions, the City shall require that a suffic:ent
portion of such land be se:aside and dedicated to rhe public for pazks, play�rounds, or othe:
public use, exclusive of prope:ty dedicated for strees and other pubtic ways. It shall be
presumed that a sufficient amount of land has beez dedicated tor parl:s and playgrounds for
the preseat and future residents of the subdivision, if che subdivider dedicates at least 1;2�
of an ac:e per dwellin� unit that can be constructed in the subdivision. Tne City, upon
consideration of the particular rvpe oi development proposed in the subdivision, may require
lar�er or lesser amounts of land to be dedicated if the City determines that the present and
future residencs of the subdivision would require �reater or lesser amounts of Iand for suc:�
purposes. The Ciry shali dete:mine whe:her a cash in lieu of land dedication is aporopriate.
The amount of the cash dedication shall be determined by multiplyin� the numbe: of ac:es
otherwise required to be dedicated by the average value of compazable undeveloped land set
by resolution of the City Council.
In all new commercial and industrial subdivisions, it shall be presumed that a sufficient
amount of land has be�:� dedicated co serve the needs of the resident and workin� popuiacion
if che subdivide:dedicates at Ieast five percent (5%) of the land in the subdivision for parks,
recreation, and usable open space. 1"he Ciry, upon consideration of the particular type of
development proposed in the subdivision, may require lar�er or lesser amounu of land to
be dedicated if it dete:mines that the present and future residents of the subdivision wouid
require greater or lesser amounts of land for such purposes. The Ciry shail dete:mine
whether a cash in lieu of land dedication is appropriate. The amount of cash dedication
shall be determined by multiplyin' the number of acres otherwise required to be dedicated
by the avera�e value of comparable undeveloped Iand set by resoiution of the City Council.
(Ord. Amendment No. XVIL 86 - Adopted 9/20/88).
In aIl developments where a subdivision of land has not occurred, or where a dedication has
not been made in the past, a contribution shall be made at the time of buildin� permit
issuance, accordin� to a formula established by resolution of the Ciry Council. (Ord.
Amendment No. XVII.j7 - Adopted 2/12/80 & Ord. Amendmenc No. XVII.83 - Adopted
12/1 S/87)
c. Private Parks. Subdividers shall be encouraged to provide small privately owned par':cs and
open spaces in all comme:cial, industrial and residential developmenu to satisfy the needs
� of employees, shoppers and small children.
d. Pedestrian Wavs and Trails. The Ciry shall define a meanin�fu! pedestrian circulacion
syscem for each development, which conneccs �o che major trail system, parks, sc:�oois, and
8
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shopping areas. Subdivide:s shall be cequired to install such sidewalks and tr�ils as
deterrr�ned by che City and according to Ciry standards. Pedestrian improvements cequired
by the Ciry are in addition to che land dedicacion in subsection b. (Ord Am.endment �Vo.
�- XVII.83 -Adopted I2lI S/87& Ord. Amerrdmenr �Yo. XVII.86 - Adopted 9/:.'0/88).
e. Natural Features. E:cistin; natural features which add value to and eahance the
auractiveness of the deveioQment and the Communiry (trees, water courses, etc.) shall be
prese:ved, insafar as possible, in che desi;n of the subdivision.
SuBD. 5.8 Fia►v�ru�tG Sr�trns
a. Pianting strips shall be plac� alon; hi;hways and railroad lines to scrern the view and to
reduce noise levels in residential areas.
SECTTON 6 SL�DIVLSION IibIPR0�I�TS
$UBD. 6.1 REQL'IItED L'�1PROVE.11FNrS
Prior to the approval of a final plac, the subdivide: shall have agreed in the manne: set forth
below to insall in confor•nity winc �onst:vction plans, approved by the Viila�e En�iner: and in
conformiry with all applicable standards and ordinances, the followin� improvements on rhe site:
a. �Ionuments. Monumeats ot a pe:manent chara�er as required by Se:tion 505.02, �I.S.�.,
shall be placed at each corne: or an�le on the outside boundary of the subdivision. Pipes
or sterl rods shall be plac� at each corne: of each lot and at each intersection of strert
center lines.
b. Streets and Allevs. AlI streeu and alleys shail be graded to their full width e:ccept in azeas
� where tree cover and topo�raphy can and should be preserveri. All stre�u and alleys shall
have an ades�uate sub-base, and shall be improved with an all-weather permanent surface in
accordance with Villa�e desi�n standards.
c. Curb and Gutter. Pernar,ent curb and gutter shall be installed on both sides of each
improved street dedicated in rhe plat.
d. Water Sunplv. When a proposed subdivision is located adjacent to or reasonably near the
existin; service area of a public water system, water lines shall be extended and service
connections shall be stubbed into the property line of each loc. Fire hydrants shall also be
provided.
In azeas where it is impractical to provide public water service, individual systems shall be I
provided on each lot or groupin� of Iots, properly placed in relationship to the individual
sewa;e disposal facilities on the same and adjoinin, lots. VJell location and construction ,
must mees approved State of Minnesota health standards. AIl systems shall comply with the
Villaae sewer and water ordinance. '
e. 5ewage Disposal. Sanitary sewer mains and service connections shall be installed to service ',
all lots less than 2-1/2 acres in size and shall be connected to the public system. ',
In areas being platted with lots Z-1/2 acres or lar�er in size, individual on-site sewa�e '
disposal facilicies shall be provided on each lot, properly located with reference ta the wells
on the same and adjoining tocs. AlI systems shall comply with the ViIla�e �ewer and water '
-- ocdinance.
Such on-site disposal facilicies shall meet approved State of Niinnesora health standards.
9
f. Storm Dr�inage. :� system that wiil adequately take care of che surfac� water runoff within �
ihe sL��division shall be pcovided including storm sewer, drain inles, manha:es. culverts,
esc. ',
g. Street Signs. Stree: si;ns of a srandard design approved by Dakoca Counry shall be
installed at each stsees intersection. ;
h. Public Utilities. :�il utiliry tines for te�e�hone and elecsical services shall be plac� !
under;round. �!
i. Street Lighting. Street li�hang shall be required in ail subdivisions, and plans shali be I
approved by the Utilicies Commission.
j. Pedestrian Wavs. Ali walkways adjacent to streess or ocherwise derined by easement shall
be improveri to adequate!y accommodate pedestrian traffic.
SvBn. 6.? Pan��:�rr, L��xo��rE.�-r CorrrRacr, F'�va�vciai. GttaRa.�
a. Pavment. The required imorove:nents to be furnisned and installed by rhe sundivide:,
which are listed and described above, are to be :urnished and installed at rhe sole expe:ise
of the subdivide: and at no expe:ise to the public. If any improve�e:�t installed within the
subdivision will be of subs;ar:cial benefic to lands beyond �he bouncar:es oi che subdivision,
the Villa;e Coune:I mav ma:�� provision for causin� a porcion oi the cost of th:.
improvement, represencin; rhe beaefit co such lands, to be assessed a�ainst r.he same and in
such case the subdivide: will be required only to pay for such porions of the whoie cost o�
said improvements as will re�reseat the benefit to the properry within rhe subdivision.
b. Re�uired Imarovement Contract. P:ior to installation oi required impro�emenu and prior
to aoproval of the final ptat, the subdivide: shall ente: into a conuact with the Viila�e
requirin; that the subdivide: furnish and construct said improvements at his expense 3nd
in accordance with plans and specifications to be approved by the Viila�e En�ineer. The
contract shall stipulate the type and extent of the improvements to be constructed, the cost
of consuuction, the construc;ion time schedule, the Vi11aQe's authority to inspect the
construction and the amount of the escrow deposit or performance bond to be furnished in
accordance with Paragraph "c" of this subdivision. Alternativeiy, the Viila�e in its
discretion may require that, or, at the request of the subdivider may a�ree to, unde:take the
installacion of the requirzti improvemenu, in which event the subdivider shall enter into a
contract with the VilIa�e a�reein� to pay the expense thereof, includin� all construction,
en;ineerin;, legal, financin� and administrative cosu incurred by the Villa�e by reason
o e�iule of a ment
thereof; by such contracc the developer shall a're., to the method and sch p y
� � • ' v ired shall aaree co furnish the
o V a e and if re u , �
v the ill
to the villa�e as de�e.mine� b � , , Q
Q division.
escrow deposit of surery bond descnbed tn Para�raph "c of this sub
c. Financial Guarantee. P:ior to the approval of the final plat, if the subdivider is to
undertalce the installation of the required improvements, he shall malce an escrow deposit
or, in lieu thereaf, furnish a performance bond equal to the total construction cost vf the
improvemenu as estimated by the Villa�e En�ineer, and including the cost of inspection by
the Villa�e, or, if the Villa;e undertakes the installation of said improvements, and if
requested by the Villa�e the subdivider shall make an escrow deposit oc, in lieu thereof,
furnish a surery bond in the amount of the sum he has a�re�d to pay the Vilta�e for the
installa�ion of said improvemenu. Any such deoosit or bond shall accrue r� the Villaae in
case of defaulc of the subdivider. In c�se of default, the Villa;e shall approgriate any such
deposic and pursue iu remedies provided by any such bond. The term of any deposit or
bond shall be specifie�' by the Vil(a�e. Any bond must be subject to approval by the
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Village. Deposics shall be made with rhe Treasurer of che Village or with a responsible
esc:ow agenc accepcable co che Village. The Village may �oree to provide for reduction of
the amount of any bond or deposit by reason of completion of, or paymeat for, the ,
improvements for which said bond or deposit has been made. Nothing herein shall preclude
the Village firom making special assessments against benefitted properry for improvements
made on it.
SUBD. 6.3 CONSTRUCTIOIY PL.�.YS �iD1D :�S-$UII.TS
a. Construction Pians. Construction plans for the required improvements confornung in alI
respects to the standazds of che V'illage and the applicable ordinances, shall be preparexi at
the subdivider's expense by a professional engineer who is registered in the State of
Minnesota and said plans shall contain his seal. Such plans together with the quantiry of
construction items shall be submitted to the �llage Engineer for his approval.
b. As-Buiits. Upon Villa�e En;ineer's certificate of comp::ance, the subdivider shall furnish
the Villa;e with as-built drawings prepared by a Registered En�ineer showin� the
improvemenu as built or in place.
SECTION 7 V.�RI�`iCES, E.jCCEP'I'IOtiS. PL�NNID L�RT DEVII.OP:�`t'T
SZ7sD. 7.1 VaRI��,YCEs
The Board of Appeals and Ad}ustmenu shall have the authority [o �rant varianc� from the
requirements of this ordinance subject to the same procedures, condiuons and findin,s require�
by the Villa;e Zonin; Ordinance.
SUBD. 7.2 EXCEP'IZONS
� a. Sim�le Lot Divisions. ?� simpie, easily described division of a platted lot of record (east
lattin
Q
re uiremenu
one-half of lot 31, west one-half of lot 31) may be exempt fram the p � q
of this ordinance provided the resultant parcels meet all zoning requiremenu as to lot area
and width. Such division requires the approval of the Villa;e Council.
b. Small Subdivisions. The supplementary information required under Section 4,
"Specifications for Plats," may be waived at the discretion of the Plannin; Commission for
. small subdivisions. T'his will be an administrative decision based on the specific nature of
the land involved.
c. AQricultural Lot Divisions. Lot divisions for sin;le family dwellings in the Agricultural
District may be conveyed by metes and bounds, provided the resultant parcels meet aIl
zonin� requirements. All such divisions require approval of the Plannin� Commission.
(Ord. Amendment No. XVIL SO -Adopted 6/16/81 J.
SUBD. 7.3 PI.ANNED U1vTT DEYELOP1�iE.YT
The requirements of the ordinance may be waived by fulfillment of the Planned Unit
Development requirements estabIished in Section 11 of the Villaae Zoning Ordinance.
SECTION 8 ADN�tISTR.�.TION a:ti-n E�oRCE���rr
� SUSD. 8.1 AtrrHourrY
TP►e Villa�e Clerk oc Buildin� Inspector shall administer and enforce the provisions of this
ordinance and foc the purpose of chis ordinance shalt have che power of a police officer.
11
$iTBD. $.Z BUII,DING PERNffTS
Na building permic shall be issued by any governmental official for the construction of any
building, structure or improvement on any land required to be subdivide�by this ordinance until
final plat approval has been granted.
$UBD. 8.3 VIOLaTIONS a,YD P�tALTIF.S
Any person who viotates or faiIs to comply with any provisions of this ordinance shall be ;uilry
of a misdemeanor, and upon conviction thereof shall be punished by a fuie not to exce�si Thr�
Huadred Dollazs (5300.40) or by imprisonment for not to exceed ninety (90) days for said
offense. For each day the violation continues, a separate offease shall be declare�.
SECTTON 9 AME.YDi�iF�i.i TS
SusD. 9.1 PRocEnv.�s
The vllage Council may amend, supplement or repeal the provisions of this ordinance afte: a
pubiic hearin; has been held the:eon. Such amendment may be initiated by the Council,
Plannin; Commission or by petition. A notice of time, place and purpose of hearin; shall be
published in rhe official newspape: of the Villa;e at least ten (10) days prior to the day of the
hearin�.
SECTZON 14 REPEAI.S
The Subdivision re�ulations adopted by the old Township• of Rosemount and any other
ordinances or parts of ordinances in conflict with this ordinance, to the eYtent of such conflict
and no further, are hereby repealed.
SECTIOi�111 V.�I.IDITY
Should any section, subdivision or provision of this ordinance be declared by the courts to be
invalid, such decision shaIl not affe,ct the validiry of the ordinance as a whole or any part thereof
other than [he part so declazed to be invalid.
SECTION L E�c� Da�
The effective date of this ordinance shall be the date of publication, this I9th day of October,
1972.
RAYMOND REINKE
Mayor
Villa;e of Rosemount '
ATTEST: �
DON F. DARLING
Villa�e Clerk _ . _
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CITY OF ROSEMOUNT
SUBDIVISION ORDINANCE
3/7/9� DRAFT
4/8/97 REVISED
For further information, contact:
City of Rosemount
Department of Community Development
2875 145th Street West
P.O. Bog 510
Rosemount, MN 55068-OS1D
. (612) 423-4411 or - _
fax(612) 423-5203
SUBDIVISION 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. . . . . . . 3
SECTION 3. PLAT PROCEDURES . . . . . 8
Subd. 3.1 Pre-application. . . . . . . 8
Subd. 3.2 Subdivision platting requirements . . . . 8
Application and fees . . . . . 8
Staff review of application . . . . 8
Public hearings . . . . . 8
Council approval . . . . . 9
Subd. 3.3 Preliminary plats . . . . . . 9
Subd. 3.4 Final plats . . . . . . . 10
Subd. 3.5 Platting alternatives . . . . . . 11
Administrative plats . . . . . 11
Simple plats . . . . . . 11
Subd. 3.6 Recording for final plats . . . . . 12
SECTION 4. OUALIFICATIONS GOVERNING
APPROVAL OF A PLAT . . . . . 13
SECTION 5. SUBDIVISION DESIGN STANDARDS '
AND IMPROVEMENTS . . . . . 14 '
Subd. 5.1 Street design standards . . . . . 14 '
Subd. 5.2 Street sections . . . . . . 16 ,
Subd. 5.3 Sidewalks, trails, or pathways . . . . 16
Subd. 5.4 Easement details . . . . . . 16
Subd. 5.5 Landlocked parcels . . . . . . 17
Subd. 5.6 Park dedication . . . . . . 17
Subd. 5.7 Required improvements . . . . . 17
Survey monuments . . . . 19
.�
Sanitary sewer systems . . . . 19
VVater system . . . . . 19 �
Drainage facilities . . . . . 19
Streetlights . . . . . . 20
Driveway approaches . . . . . 20
TurF . . . . . . . 20
Subd. 5.8 Grading of site prior to final plat . . . . 20
SECTION 6. VARIANCES. EXCEPTIONS, AND
PLANNED UNIT DEVELOPMENTS . . . 20
Subd. 6.1 Variances . . . . . . . 20
Subd. 6.2 Exceptions . . . . . . . 20
Simple lot divisions . . . . . 20
Minor subdivisions . . . . . 21
Agriculturallot divisions . . . . 21
Recombinations . . . . . 21
Consolidations . . . . . 21
Corrections . . . . . . 21
Registered land survey . . . . 22
Subd. 6.3 Planned unit development . . . . 22
SECTION 7. ADMINISTRATION AND ENFORCEMENT . . 22
Subd. 7.1 Authority . . . . . . . 22
Subd. 7.2 Premature subdivisions . . . . . 23
Subd. 7.3 Building permits . . . . . . 25
Subd. 7.4 Violations and penalties . . . . 25
SECTION 8. AMENDMENT . . . . . . 25
Subd. 8.1 Procedures. . . . . . . . 25
SECTION 9. REPEALS . . . . . . . 25
SECTION 10. VALIDITY . . . . . . . 25
SECTION 11. EFFECTIVE DATE . . . . . . 25
-�1
SUBDIVISION ORDINANCE
CITY OF ROSEMOUNT
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 sha11 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. I,
B. Provide for the health, safety, and welfare of people by requiring properly designed i
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 far 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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Subd. 1.5 Lots of Record, Recording and Conveying of Land
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 Office 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
pernut 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 restriction different from
those imposed by any other provision of these regulations or any other ordinance,
rule, or regulation, or other provision of the law, whichever provisions are more
restrictive or impose higher standards shall control.
SECTION 2. DEFINITIONS
ADNIlNISTRATOR: The Rosemount City Administrator or the Administrator's
designee.
ALLEY: A right-of-way that provides a secondary means of vehicular access to the side
or rear of two or more properties abutting on a street.
APPLICANT: The person or persons requesting approval of a subdivision by the
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 ef�ected property.
ATTORNEY: The Rosemount City Attorney.
2
BLOCK: An area of land within a subdivision that is entirely bounded by streets, or by
streets and the exterior boundary or boundaries 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.
BUII,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 building 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.
CITY: The City of Rosemount, Dakota County, State of Minnesota.
CLERK: The Rosemount City Clerk.
COIVIMISSION: The Planning Commission of the City.
COMPREHENSIVE GUIDE PLAN or COMPREHENSIVE PLAN: As defined in the
City's Zoning Ordinance.
COST or FEE: A fee imposed on new development by the local government pursuant to
this Ordinance in order to mitigate the impacts on community facilities created by
the demand for capital improvements by the new development. Fees do not
include the dedication of rights-of-way or easements for such facilities, or the
construction of such improvements.
COUNCIL: The Rosemount City Council.
COLTNTY 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 installetion of 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.
3
EASEMENT: Authorization by a property owner for another to use the owner's
property for a specified use.
ESCROW: A deposit of funds held by the City for the purpose of securing public
infrastructure or subdivision improvements as required or specified by ordinance,
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 tra�cway for
through traffic, 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 traf�icway.
IMPROVEMENTS: 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 BOUNDS: A method of property description whereby properties axe
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
intersecting property boundary lines.
NONACCESS EASEMENT: An easement restricting vehicular access from a public or ,
4
private property.
OUTLOT: A parcel of land designated on a plat intended for future development
purposes that is restricted from private development or use, and will be replatted in I
accordance with an adopted preliminary plat, or a platted parcel intended for
public or quasi-public use including parks or ponding.
OWNER: Any individual, firm, corporation, association, syndicate, partnership, or trust
with an interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same 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
service areas. This may also be referred to as a"trailway".
PLANNED iTNIT 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 Statute 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 Il1�IPROVEMENT: 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.
PLTBLICATION: 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(MLTSA) with onsite individual
5
sewage treatment facilities.
SHALL: Means mandatory.
SIDEWALK: A paved pedestrian walkway 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 according to criteria and standards on file with the
Department of Public Works.
STREET, CUL-DE-SAC: A street with only one vehicular outlet.
STREET, LOCAL: A street to serve primarily as an access to abutting properties. II
STREET, FRONTAGE: That part of a lot which abutts a public right-of-way.
STREET, MINOR 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 I,
offices. They are designed to carry traffic from collector streets across the county ',
to the regional system of principal arterial highways. I�
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 leasehold interests
6
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
uses and five(5) acres or larger in size for commercial and industrial uses;
b. Creating cemetary lots;
c. Resulting from court orders or the adjustment of a lot line by the relocation
of a common boundary.
SUBDIVISION AGREEMENT: A contractural agreement providing for public
infrastructure improvements entered into between the City and subdivider to be
completed prior to final plat approval.
SURVEY MONUMENT: 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 with sanitary sewer,
storm sewer and city water developed within the Metropolitan Urban Service Area
(MLTSA).
VARIANCE: As defined in the City's Zoning Ordinance, Section 15.
ZONING DISTRICT: As defined in the City's Zoning Ordinance.
ZONII�TG ORDINANCE: City's Ordinance B.
SECTION 3. PLAT PROCEDURES
Subd. 3.l Pre-Application
The subdividers or owners should meet with City officials (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
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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 pernut or require the plat to be divided into two (2) or more
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 a11 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 initiaY review to determine 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 recommendatians 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 information:
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; _
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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.
B. Staff review, public hearing and approvat: 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(EA�when required and
subject to the provisions of Minnesota State Statutes;
3. Approval of other governmental jurisdictions that have approval authority
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 egtension provision: Approval shall be for a period of two (2) years
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, sha11 be null and void
and a new petition and processing shall be necessary to revalidate the preliminary
plat unless the Council sha11 grant an extension of time prior to the
expiration date.
Section 3.4 Final Plat
A. Application information: The final plat, at a minimum, shall 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
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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
4. Bond, escrow, letter of credit or similar guarantees to the City related to
performance and/or for installation 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 plat
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.
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 shall conform to all
requirements of standard subdivision except that some of the information
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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: i�
1. The resulting subdivision shall contain no more than three(3) parcels.
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 parcels 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:
l. The resulting subdivision shall contain no more than five {5) acres or three
(3) lots for commercial plats and less 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
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.
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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 of�'ice 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
with the County until the following have been completed.
1. The recording of signatures upon the final plat as listed in
Subd. 3.A and 3.B 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:
l. It shall be the responsibility of the subdivider to file with the County
Recorder within one year after the plat has been released for recording by
the City unless a time extension has been granted by the Council.
2. Failure to record the plat within the sixty (60) day period shall
render all approvals by the City null and void until a new
application has been processed and approved by the City or until
the City has granted an e�ension 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 does comply with applicable ordinances and the
comprehensive guide plan.
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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, susceptibility to erosion, and filtration, susceptibility to
flooding, water storage and retention, are such that the site is suitable for the type
of development or use contemplated.
D. That the site physically is suitable for the proposed density of development. I
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
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. That the design of the subdivision is compatible and consistent with the platting or
approved preliminary plat on adjacent lands.
J. All proposed urban residential subdivisions must be 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 existing 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.
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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 ai�ord separation of through and local
traffic.
D. Where a subdivision borders on or contains a railroad right-of-way, or limited
access highway right-of-way, the City may require a frontage street appro�mately
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 determined
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 si�y (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 sha11
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 permit 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.
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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.
J. The construction of half streets shall be prohibited, but half of the required right-
of-way sha11 be platted within such tract where streets are appropriate as
deternuned 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, sha11 not exceed the following, with vertical
curves design each meeting Mn-DOT approved standards:
Street tvne Percent grade ,
Arterial 5 I
Collector 7 '�
Local 8
N. No street grade in new subdivisions sha11 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
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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
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 or other disadvantaged use.
Subd. 5.5 Landlocked parcels.
As a general rule, the City shall not pernut landlocked paxcels 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 unbuildable(outlots) and reserved as permanent
public open spaces such as ponding areas may be permitted. A scenic easement ,
may be required by the City to ensure that the property is preserved as open space. I
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 of�icial map, is located in the whole or inpart
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
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such land be set aside and dedicated to the public for parks, playgrounds or other
public use exclusive of properry dedicated for streets and other public ways.
1. 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
each dwelling unit of the proposed subdivision (acre to be dedicated
_ .04 x number of dwelling units). The City shall determine whether a cash
in lieu of land dedication is appropriate. The amount of cash dedication
sha11 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 deternune
whether a cash 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
17
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
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 subdivider 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 paxk 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 sha11 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 I,
City. The monuments shall be of such material, size, and length as may be I
approved by the City. It shall be the applicant's responsibility to see that the I
survey monuments axe maintained in good order during construction and I
development. '!I
B. Sanitary sewer systems: I�
1. Where available, municipal sewer facilities shall be provided in the '�
development of the subdivision. I
2. Prior to providing plans for utilities, analysis of the soil to the depth of the '
utility proposed should be made and provided with the utility report when
required by the City. I
3. Where municipal sewer facilities are not available, individual sewage _
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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.
2. Where municipal water facilities are not available, individual 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, as will adequately provide for the
drainage of surface waters.
l. Said drainage facilities sha11 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: Streetlights shall be installed as provided by the City's adopted
policy.
F. Driveway approaches: Concrete or bituminous driveway surfaces over each
boulevard or lots adjacent to streets improved to City standards shall be
provided in accordance with the provisions of the issuance of building
permits.
G. Turf: Topsoil shall be spread to a minimum depth of four to six 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 permits for a dwelling
so provided, seeding shall 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 plat
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.
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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.
Subd. 6.2 Exceptions
A. Simple lot division: A simple, easily described division of a platted lot of record
(for example, east one-half of lot 3 l, 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, provided the
resultant parcels meet all zoning requirements.
C. Lot recombination: To divide one recorded lot or parcel in order to pernut 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 e�sting 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 planning 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 e�sting lots, parcels, or existing
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 boundaxies, 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 planning 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 code. A
20 ,
certificate of survey may be required on any proposed lot with existing buildings in
order to determine the placement of the building on the proposed lot. Within sixty
(60) days after approval by the Council, the applicant shall supply the final plat to
the city planner for review and approval. After completion of the review and
af�ixing of signatures, the plat shall be recorded by the applicant with the County
Recorder within ninety (90) days after approval by the Planner.
F. Registered land survey (RLS): Intended only for the combination of unplatted or
abstract metes and bounds parcels. 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
plat. Such approval shall be attached to the survey. All registered land surveys
shall be prepared in conformance with M.S. 508.47, Subdivision 4. Prior to
approval of a registered land survey, the Council reserves the right to 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 that required of '
the Planned Unit Development requirements established in Section 12 of the City's Zoning ',
Ordinance. '
SECTION 7. ADMINISTRATION AND ENFORCEMENT
Subd. 7.1 Authority
The Administrator, or its designee, shall administer and enforce the provisions of this
ordinance 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 deternune 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.
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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.
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 damage 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 ef�luents; and the presence of streams as related to ei�luent disposal.
B. Lack of adequate water supply: A proposed subdivision sha11 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 e�sting water
supplies for surrounding areas.
C. Lack of adequate roads or highways to serve the subdivisions 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.
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2. The traffic volume generated by the proposed subdivision would create
unreasonable highway 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 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 pernussible density after
reasonable sewer capacity is reserved for schools, planned public facilities, and
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
inadequate on-site sewer capacity potential to support the subdivision is 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 improvement corridors or constitute an infilling of
development sha11 be deemed inconsistent with the City's growth strategies as
outlined in the Comprehensive Plan.
F. Public service capacity: A proposed subdivision sha11 be deternuned to lack
necessary public service capacity when services such as recreational facilities,
schools, police and fire protection and other public facilities, which must be
provided at public expense, cannot reasonably be provided for within the ne�two
(2)years.
G. Minnesota Environmental Quality Commission (MEQC) Policies: The
proposed subdivision is inconsistent with the policies of MEQC 25, 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.
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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 sha11 be
guilty of a misdemeanor, and upon conviction thereof shall be punished according to
Minnesota Statute 609.02 subd. 3.
SECTION 8. AMENDMENT
Subd. 8.1 Procedures
The Council may amend, supplement, or repeal the provisions of this Ordinance after
a public hearing has been held thereon. Such amendment may be initiated by the Council,
Commission, or by petition. A notice of time, place, and purpose of hearing shall
be published in the official newspaper of the City at least ten(10) days prior to the day of
the hearing.
SECTION 9. REPEALS �
The Board of Appeals and Adjustments and its functions are provided by Section 15.1 in
Ordinance B.
SECTION 10. VALIDITY
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 11. EFFECTIVE DATE
The effective date of this Ordinance shall be the date of publication, this th day of , 1997. `
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh,
City Clerk
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