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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. RE CONIlViENDED ACTION NOTES: I� ,� , .4 ��.n�r.�.vcE No x:VII Villa�e o,f Rosemount Dakota County c �'����� �� � D � � �`���� � J��� 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 � 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 i p � '] 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. 2 �t , 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. 3 w1( I � - e cerufied ` II 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. 4 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. 5 M� � , t f �� { 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. 6 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. _ 7 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 s 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 10 ' I 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 _ . _ 12 ', � 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. 1 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 7 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; _ 8 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 9 1 M1�� 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 10 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. 11 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. 12 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. 13 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. 14 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 15 i 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 16 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 _ 18 I � � 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. 19 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. 21 � 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. 22 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. 23 __ _ _ . 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 24 ,�