HomeMy WebLinkAbout1. Subdivision OrdinanceChapter 1 – General Requirements
12-1-7 Definitions
· Added definitions
o EASEMENT, DRAINAGE: As defined and described within Minnesota State Statute
505.01, Subdivision 3, Paragraph (b).
o EASEMENT, UTILITY: As defined and described within Minnesota State Statute 505.01,
Subdivision 3, Paragraph (j).
o ENGINEERING GUIDELINES: City of Rosemount Engineering Guidelines as approved by
the City Council.
o PLAT, FINAL: A drawing, in final form, showing a proposed subdivision containing all
information and detail required by state statutes and by this title to be presented to the
city council for approval, and which, if approved, may be duly filed with the county
recorder.
o PLAT, PRELIMINARY: A plat submitted to the City for preliminary consideration and
approval.
o REGESTERED LAND SURVEY (RLS): A drawing of a tract (or tracts) of unplatted land
meant to be conveyed as a separate parcel as defined by Minnesota statutes, section
508.47, subd. 2.
o SUBDIVISION, MINOR: A subdivision that creates no more than four (4) lots and depends
upon existing infrastructure for development and may be waived of some platting
requirement.
Chapter 2 – Plat Procedures
12-2-2 Subdivision Platting Requirements
· Removed “Two (2) Sequential” and un-pluralized “approvals by council” to read as follows:
o All subdivisions are subject to platting requirements unless otherwise provided for
herein. Platting requires two (2) sequential review and approvals by council.
o Remove reference to Simple Plat because that is no longer needed
· Updated Staff Review of Application to 15 business days to match with the 60-day rule.
o Within ten fifteen (150) business days of the receipt of the application…
12-2-3 Preliminary Plat
· Reduced the number of submittal paper copies from twenty (20) to two (2).
· Added the requirement of one (1) PDF submittal.
12-2-4 Final Plat
· Reduced the number of submittal paper copies from twenty (20) to two (2).
· Added the requirement of one (1) PDF submittal.
12-2-5 Platting Alternatives
· Administrative Plat
o Change the term to Minor Subdivision to reflect that a the subdivision requires City
Council approval.
o Updated the limit of lots to “four” to match the platting limit of five with Statute
462.358 Subd. 3a
The resulting subdivision shall contain no more than three four (34) parcels.
· Simple Plat
o Deleted due to be irrelevant with Amendment to Section 12-2-2 eliminating two
sequential reviews
· Registered Land Survey (RLS)
o Moved from 12-4-2 Exceptions because State statute requires that the that RLS’ are
approved through the same process as plats
o Removed the utility and park dedication reference because an RLS is no longer an
exception and therefore all platting provisions apply
Prior to approval of a registered land survey, the council may require the
dedication of street or utility easements or public park land to the city.
12-2-6 Recording Requirements for Final Plats
B. Signing of Plat
· Deleted 1. Commission chair or designee because it is not required by State Statute and has
been remove as a requirement by the Dakota County Surveyor
o The signature of the commission chair or their designee, attesting to the date upon
which the commission made a recommendation on the preliminary plat after a public
hearing.
Chapter 3 – Subdivision Design Standards and Improvements
12-3-1 Street Design Standards
· E. Street Intersection Centerline
o Simplifying to statement that they will comply with the Engineering Guidelines.
· F. Street Intersection Horizontal Curve
o Simplifying to statement that they will comply with the Engineering Guidelines.
· G. Street Intersection Angle
o Deleted because it is addressed on Design Standards page EG-19.
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 degrees
(75°).
· H. Street Right-of-Way and Width
o Deleted because Right-of-Way widths are within Comprehensive Plan
Street right of way and widths shall meet the following minimum criteria:
STREET DESIGN
Note:
1. Measured face of curb to face of curb.
ROW dedications, excluding turnaround area may be reduced from sixty (60) to fifty feet (50'), and
pavement widths reduced from thirty two (32) to no less than twenty eight feet (28') in areas as
determined by the city to be environmentally sensitive due to topography, forestation and/or
wetlands.
· K. Cul-de-sac dead end streets
o Edited because the length and diameter are addressed on Design Standards page EG-19.
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 feet (700’) and shall
be provided at the closed end with a turnaround having roadway diameter of at
least ninety feet (90’) (measured face of curb to face of curb) and street
property line diameter of at least one hundred twenty feet (120’).
· L. Street Grades
o Deleted because it can be added to the Engineering Guidelines
· N. New subdivision street grade
o Deleted because the street grade addressed on Design Standards page EG-19.
No street grade in new subdivisions shall be less than one percent (1.0%). At
intersections, the street grade shall not exceed two and zero-tenths percent
(2.0%) for the first one hundred feet (100') approaching said intersection. (Ord.
B-91, 8-5-1997, eff. 8-11-1997)
12-3-5 Landlocked Parcels
· B. Landlocked parcels
o Added “unbuildable (outlots)” and “wellhouses and other public infrastructure” to the
list of reasons to allow for a landlocked parcel
o Added the ability to require a conservation easement over the outlot.
o Landlocked parcels which are unbuildable (outlots) and reserved as permanent for
public use or platted as an outlot for open spaces such use as ponding areas,
wellhouses, or other public infrastructure may be permitted. A conservation easement
may be required by the city to ensure that the property is preserved as open space.
12-3-7 Required Improvements
· A. Survey Monuments
o Deleted because the survey monuments are addressed on City Specifications page 86
and 111.
Classifications Right Of Way (ROW) (Feet) Street Widths1 (Feet)
Principal or minor arterial As required by state or county As required by state or county
Collector 80_100 36_52
Local 60 32
A. Survey Monuments: Shall be placed at all block and lot corners, angle points,
points of curves in streets and at intermediate points as shall be required by the
City. The monuments shall be of such material, size, and length as may be
approved by the City. It shall be the applicant's responsibility to see that the
survey monuments are maintained in good order during construction and
development.
· A. Roads and Highways
o Added new Subsection A. Roads and Highways because it is public infrastructure
required to be installed by the developer.
Unless otherwise exempted, all lots shall be provided frontage along existing
roads and highways or road and highway to be constructed in conjunction with
the development of the subdivision where not premature under Section 12-5-2
C of this Chapter.
· B. Sanitary Sewer Systems
o Edited B.1 to tie to premature subdivision provision in Section 12-5-2 “Lack Of Adequate
Waste Disposal Systems”
Where available, Municipal sewer facilities shall be provided in the development
of the subdivision and where not deemed premature under Section 12-5-2 D of
this chapter.
o Deleted B.2. because the sanitary sewer requirements are addressed on Engineer
Guidelines page EG-16.
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.
· C. Water Systems
o Edited C.1 to tie to premature subdivision provision in Section 12-5-2 “Lack Of Adequate
Water Supply”
Where available, Municipal water facilities shall be provided in the development
of the subdivision and where deemed not premature under Section 12-5-2 B of
this Chapter.
· D. Drainage Facilities
o Edited D.1 to tie to premature subdivision provision in Section 12-5-2 “Lack Of Adequate
Drainage”
Storm sewer, open drainage, or other facilities and easements shall be installed
and provided, which will adequately provide for the drainage of surface waters
and where not deemed premature under Section 12-5-2 A of this Chapter.
· E. Streetlights
o Deleted E. because the Engineer Guidelines requires that street lights are shown on
plans, lighting plans, record drawings, and GIS points.
· F. Driveway Approaches
o Deleted F. Driveway Approaches: because driveway requirements are addressed on City
Specifications Appendix B: ST-4 through ST-7.
· G. Turf
o Edited G. Turf: because turf requirements are addressed on City Specifications on page
135.
Turf: Topsoil shall be spread to a minimum depth of four (4) to six inches (6"),
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.
Chapter 4 – Variances, Exceptions, and Planned Unit Developments
12-4-1 Variance
· A. Purpose
o Added Purpose statement containing unusual hardship because State statutes address
zoning variances differently than subdivision variances.
· B. Board of Appeals and Adjustments
o Added to clarify that the Board of Appeals and Adjustments (BAA) is the same as the
BAA within the zoning ordinance.
· C. Review Criteria
o Added unusual hardship criteria as require by State statute
· D. Procedures
o Added to clarify that all zoning ordinance BAA procedures (expect review criteria) apply
to subdivision ordinance
12-4-2 Exceptions
· A. Simple Lot Division
o Deleted because it is not longer need with amendments to Administrative Plat/Minor
Subdivision.
· C. Lot Recombination
o Deleted because State Statute does not give cities authority over combinations.
· D. Consolidations
o Deleted because State Statute does not give cities authority over combinations.
· F. Registered Land Survey (RLS)
o Moved to section 12-2-5 because State statute requires that a RLS approval follows the
same process as a plat
12-4-3 Planned Unit Development
· Add numbers to subsections because there is now more than one subsection
· B. Dimensional deviations
o Added B. dimensional deviations from the zoning ordinance standard because the
standard relates to issues to be considered during subdivision.
B. Dimensional deviations in the development of the subdivision under this
chapter shall relate to lot area, lot width, lot depth, frontage on a public street,
street width, setbacks for any yard, height, setback from adjacent zoning district
or use, length of culs-de-sac, length of block and radius of culs-de-sac.
· C. Deviation documentation
o Added C. said dimensional deviations from the zoning ordinance standard because the
standard relates to issues to be considered during subdivision.
C. Said dimensional deviations shall be clearly stated and documented at the
time of approval by the council before they shall have full form and effect.
· D. PUD overlay
o Added D. that all data required on a preliminary plat and on a final plat are include in
the PUD zoning district.
D. Unless waived by the community development director, all data required on
a preliminary plat and on a final plat as set forth in this chapter, including
streets, utility easements, existing or proposed subdivisions of ownership and
such other information, if any, as required by this chapter, shall be required as
a part of the planned unit development overlay as set forth in Title 11 Chapter
10 Article VI. Such waiver shall not constitute a verification that all required data
has been submitted.
.
Title 12 SUBDIVISION REGULATIONS
Chapter 1 GENERAL REQUIREMENTS
12-1-1 : TITLE:
This title shall be known and may be cited as the SUBDIVISION ORDINANCE of
the city of Rosemount. (Ord. B-91, 8-5-1997, eff. 8-11-1997)
12-1-2 : AUTHORITY:
The council shall be the platting authority. (Ord. B-91, 8-5-1997, eff. 8-11-1997)
12-1-3 : PURPOSE:
All subdivisions of land hereafter submitted for approval shall comply in all respects
with the regulations set forth herein. It is the purpose of these regulations to:
A. Encourage well planned, efficient, and attractive developments by establishing
adequate standards for design and construction.
B. Provide for the health, safety, and welfare of people by requiring properly
designed and coordinated streets and adequate sewage, water, and drainage
facilities.
C. Secure the rights of the public with respect to public land and waters.
D. Serve as a tool to carry out the objectives and policies of the comprehensive guide
plan.
E. Provide for a means to provide adequate recreational areas, school sites, and
other public facilities. (Ord. B-91, 8-5-1997, eff. 8-11-1997)
.
12-1-4 : SCOPE:
This title shall apply to the subdivision of land in the city. All subdivisions in which
any of the resulting parcels is less than five (5) acres in area or three hundred feet
(300') in width shall be platted. (Ord. B- 91, 8-5-1997, eff. 8-11-1997)
12-1-5 : 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 permit shall be issued and no public utilities
provided to a lot, piece or parcel of land created by a division of land made in
violation of the subdivision regulations of the city. (Ord. B-91, 8-5-1997, eff. 8-11-
1997)
12-1-6 : 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 requirement of these regulations shall govern.
B. Public Provisions: These regulations are not intended to interfere with,
abrogate or annul any other ordinance, rule, regulation, statute, or other
provision of law. Where any provision of these regulations imposes restrictions
different from those imposed by any other provision of these regulations or any
other ordinance, rule, or regulation, or other provision of the law, whichever
provisions are more restrictive or impose higher standards shall control. (Ord.
B-91, 8-5-1997, eff. 8-11-1997)
.
12-1-7 : DEFINITIONS:
ADMINISTRATOR: 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
(2) 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 affected property.
ATTORNEY: The Rosemount city attorney.
BLOCK: An area of land within a subdivision that is entirely bounded by streets, or
by streets and the exterior boundary or boundaries of the subdivision, or a
combination of the above with a river, lake, wetland or railroad 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.
BUILDING: 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.
BUILDING SETBACK: The minimum horizontal distance from a lot boundary to the
nearest part of the foundation wall of a building as defined in title 11 of this code.
CITY: The city of Rosemount, Dakota County, state of
Minnesota. CLERK: The Rosemount city clerk.
COMMISSION: The planning commission of the city.
COMPREHENSIVE GUIDE PLAN OR COMPREHENSIVE PLAN: As defined in
the city's zoning ordinance.
COUNCIL: The Rosemount city council.
COUNTY RECORDER: The county recorder of Dakota County, Minnesota.
DEVELOPER: The applicant or owner of land proposed to be subdivided or
.
his/her representative who has petitioned the city for the installation 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.
EASEMENT: Authorization by a property owner for another to use the owner's
property for a specified use.
EASEMENT, DRAINAGE: As defined and described within Minnesota State
Statute 505.01, Subdivision 3, Paragraph (b).
EASEMENT, UTILITY: As defined and described within Minnesota State Statute
505.01, Subdivision 3, Paragraph (j).
ENGINEER: The Rosemount city engineer.
ENGINEERING GUIDELINES: City of Rosemount Engineering Guidelines as
approved by the City Council.
ESCROW: A deposit of funds held by the city for the purpose of securing public
infrastructure or subdivision improvements or other costs or obligations of the
developer as required or specified by resolution by the city council, ordinance,
subdivision agreement or agreed to by the developer.
FINAL PLAT: A drawing, in final form, showing a proposed subdivision containing
all information and detail required by state statutes and by this title 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 or vertical dimensions of slope of the road, street,
or other public way specified as a percentage of slope.
HIGHWAY, LIMITED ACCESS: A freeway or expressway, providing a trafficway 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 trafficway.
IMPROVEMENTS: See definition of Public Improvement.
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 are
described by means of their direction and distance from an easily identified
location.
MONUMENT: An iron stake or pin placed in the ground indicating the location of
intersecting property boundary lines.
NONACCESS EASEMENT: An easement restricting vehicular access from a
public or 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
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 under these regulations.
PEDESTRIANWAY: A public pedestrian walkway provided between lots where
required by the city to allow for pedestrian accessibility to streets or public areas.
This may also be referred to as a "trailway".
PLANNED UNIT DEVELOPMENT: As defined in the city of Rosemount's zoning
ordinance.
PLAT: The drawing or map of a subdivision prepared for filing or recording
pursuant to Minnesota statutes, chapter 505 and containing all elements and
requirements set forth in applicable local regulations adopted pursuant to
Minnesota statutes, section 462.358 and chapter 505.
PLAT, FINAL: A drawing, in final form, showing a proposed subdivision containing
all information and detail required by state statutes and by this title to be presented
to the city council for approval, and which, if approved, may be duly filed with the
county recorder.
PLAT, PRELIMINARY: A plat submitted to the City for preliminary consideration
and approval.
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 IMPROVEMENT: An infrastructure facility such as sanitary sewer, water
.
main, storm sewer, street, or other facilities intended for the public welfare for
which the city may ultimately assume the responsibility for maintenance and
operation.
PUBLIC LAND: Land owned and/or operated by a governmental unit dedicated for
public use. PUBLICATION: As defined in the city's zoning ordinance.
REPLATTING: The platting of an area that was previously final platted and
recorded with Dakota County.
REGESTERED LAND SURVEY (RLS): A drawing of a tract (or tracts) of
unplatted land meant to be conveyed as a separate parcel as defined by
Minnesota statutes, section 508.47, subd. 2.
RIGHT OF WAY: As defined in the city's zoning ordinance.
RURAL SUBDIVISION: A low density subdivision in the agriculture or rural area
beyond the metropolitan urban service area (MUSA) with on site individual sewage
treatment facilities.
SHALL: 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.
STREET, CUL-DE-SAC: A street with only one vehicular outlet.
STREET FRONTAGE: That part of a lot which abuts a public right of way.
STREET, LOCAL: A street to serve primarily as an access to abutting properties.
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
offices. They are designed to carry traffic from collector streets across the county
to regional system of principal arterial highways.
STREET, PRINCIPAL 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, or
the measurement of the paved or improved surface of a street perpendicular to
the centerline.
STRUCTURE: As defined in the city's zoning ordinance.
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
where the creation of the leasehold 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 feet (500') in width for residential
uses and five (5) acres or larger in size for commercial and industrial uses;
B. Creating cemetery lots;
C. Resulting from court orders or the adjustment of a lot line by the
relocation of a common boundary.
SUBDIVISION AGREEMENT: A contractual agreement providing for public
infrastructure improvements and land development entered into between the city
and subdivider to be completed prior to final plat approval.
SUBDIVISION, MINOR: A subdivision that creates no more than four (4) lots and
depends upon existing infrastructure for development and may be waived of some
platting requirement.
SURVEY MONUMENT: See definition of Monument.
SURVEYOR: A person duly registered as a land surveyor by the state of
Minnesota.
.
URBAN RESIDENTIAL SUBDIVISION: A subdivision serviced or to be serviced
with municipal sanitary sewer, storm sewer and municipal water developed within
the metropolitan urban service area (MUSA).
VARIANCE: As defined in the city's zoning ordinance, title 11, chapter 12
of this code. ZONING DISTRICT: As defined in the city's zoning ordinance.
ZONING ORDINANCE: Title 11 of this code. (Ord. B-91, 8-5-1997, eff. 8-11-1997)
Chapter 2
PLAT PROCEDURES
12-2-1 : PREAPPLICATION:
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. (Ord. B-91, 8-5-1997, eff. 8-11-
1997)
12-2-2 : SUBDIVISION PLATTING REQUIREMENTS:
All subdivisions are subject to platting requirements unless otherwise provided for
herein. Platting requires two (2) 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 each phase or
addition. Prior to granting final plat approval, the council may permit or require the
plat to be divided into two (2) or more additions or may impose such conditions
upon filing of the additions as it may deem necessary to ensure the orderly
development of the plat.
Preliminary and final plats may be combined as a simple plat under circumstances
elsewhere described herein.
A. Application And Fees: All applications for subdivisions shall be filed with the city
and shall include all of the information required on the application form
provided by the city and all of the information required by this title. 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 fifteen (150) business days of the
receipt of the application, staff shall complete the initial review to determine if
all required information has been filed. The applicant will be notified of
incomplete or unacceptable application upon completion of 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 the procedures specified in
section 11-12-2 of this code.
D. Council Approval: The council shall act following the receipt of a complete
application as required accompanied by recommendations forwarded by the
parks and recreation committee, planning, and utilities commissions
regarding the subdivision in accordance with Minnesota statutes 462.358.
(Ord. B-91, 8-5-1997, eff. 8-11-1997)
12-2-3 : PRELIMINARY PLAT:
A. Application Information: The preliminary plat, at a minimum, shall include the
following information:
1. Twoenty (20) copies of the preliminary plat including all information
required in this title or as established by city policy;
1.2. One electronic copy in PDF format of the preliminary plat
including all plat information required in this title or as established by
city policy;
2.3. Completed and signed application with corresponding fee(s) as
established by resolution of the council;
3.4. Exact legal description of the property; and
4.5. Abstractor's certificate of property owners within three hundred fifty feet
(350') of the preliminary plat boundaries.
B. Staff Review, Public Hearing, And Approval: The city shall complete the review,
public hearing and approval process according to the requirements of section
12-2-2 of this chapter.
.
C. Final Requirements: Prior to a final plat submission, the following
information shall have been reviewed and approved by the council:
1. A preliminary plat in accordance with the provisions of this title;
2. An environmental assessment worksheet (EAW) 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 subsection 11-6-3E of this
code. (Ord. B-91, 8-5- 1997, eff. 8-11-1997)
D. Lapse And Extension Provision: Approval shall be effective for a period of five
(5) years after action by the council unless otherwise specified by the council.
Upon expiration of the time limit, all approvals for preliminary plat or portions
thereof for which a final plat has not been recorded with the county, shall be
null and void and a new petition and processing shall be necessary to
revalidate the preliminary plat unless the council shall grant an extension of
time prior to the expiration date. This subsection will pertain to all preliminary
plats approved after January 1, 2015. (Ord. B-253, 8-16-2016)
12-2-4 : FINAL PLAT:
A. Application Information: The final plat, at a minimum, shall include the following
information:
1. Twenty Two (20) paper copies of the final plat including all plat
information required in this title or as established by city policy;
1.2. One electronic copy in PDF format of the final plat including all
plat information required in this title or as established by city policy;
2.3. Completed and signed application with corresponding fee(s) as
established by resolution of the council;
3.4. 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
4.5. 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;
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. (Ord. B-
91, 8-5-1997, eff. 8- 11-1997)
12-2-5 : PLATTING ALTERNATIVES:
Alternatives to the standard preliminary and final plat procedures and requirements
may be permitted under certain conditions as defined below in administrative
platsminor subdivisions and simple platsregistered land surveys.
A. Administrative PlatMinor Subdivision Procedures: Administrative platsMinor
subdivisions shall conform to all requirements of standard subdivision except
that some of the information requirements such as the engineering feasibility
report may be waived by the city staff. Property may be subdivided through
an administrative plattingminor subdivision procedure which combines the
preliminary and final plat procedures in conformance with the following
conditions:
1. The resulting subdivision shall contain no more than three four (34) parcels.
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2. The proposed subdivision shall be in areas where municipal streets and
utilities are already in place and capable of serving the plat.
3. Future streets shall not be constructed and the proposed subdivision
shall not interfere with proper development of neighboring adjacent
properties.
4. Resulting parcels shall conform with all zoning ordinance requirements.
B. Registered Land Survey (RLS): Registered land surveys shall not be used to
avoid the requirements of this title. A registered land survey for parcels of less
than five (5) acres in size or three hundred feet (300') in width shall be reviewed
by the commission and approved by the council in the same manner as a
preliminary plat. Such approval shall be attached to the survey. All registered land
surveys shall be prepared in conformance with Minnesota statutes, section
508.47, subdivision 4. Prior to approval of a registered land survey, the council
may require the dedication of street or utility easements or public park land to the
city. (Ord. B-91, 8-5-1997, eff. 8- 11-1997)
B. Simple Plat Procedures: A simple plat shall combine the procedures required
for preliminary and final plats to include one review and approval sequence
before the commission and council. Property may be subdivided through a
simple platting procedure in conformance with the following conditions:
1. The resulting subdivision shall contain no more than five (5) acres or
three (3) lots for commercial plats, and no more than ten (10) acres or
twenty (20) lots for residential plats.
2. Resulting parcels shall conform with all zoning ordinance requirements.
3. The proposed subdivision shall contain no more than one phase for final
platting. (Ord. B-91, 8- 5-1997, eff. 8-11-1997)
12-2-6 : 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.
(Ord. B-91, 8-5-1997, eff. 8-11-1997)
B. Signing Of Plat: Signatures shall be recorded upon the final plat as required by the
county.
1. The signature of the commission chair or their designee, attesting to the
date upon which the commission made a recommendation on the
.
preliminary plat after a public hearing.
2.1. The signature of the mayor or vice mayor attesting to the date upon
which the council approved the final plat.
3.2. The signature from the clerk's office and seal of the city attesting
to the above referenced actions by the city and valid signatures. (Ord.
B-237, 7-15-2014)
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 subsections A and B
of this section.
2. The recording of signatures upon the appropriate subdivision agreement(s).
3. The submittal of all required fees and appropriate financial
guarantees to the city, if any, ensuring the applicant's performance
of the terms of these regulations.
D. Recording Of Plat:
1. It shall be the responsibility of the subdivider to file with the county recorder
within two (2) years 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 two (2) years of council approval 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
extension 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. (Ord. B-91, 8-5- 1997, eff. 8-11-
1997)
12-2-7 : QUALIFICATIONS GOVERNING APPROVAL OF PLATS:
All subdivisions shall conform to the following criteria:
.
A. That the proposed subdivision complies with applicable ordinances and the
comprehensive guide plan.
B. That the design or improvement of the proposed subdivision complies with
applicable plans of Dakota County, state of Minnesota or the metropolitan
council.
C. That the physical characteristics of the site, including, but not limited to,
topography, vegetation, 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.
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. That all proposed urban residential subdivisions are in the metropolitan urban
service area (MUSA). (Ord. B-91, 8-5-1997, eff. 8-11-1997)
Chapter 3
SUBDIVISION DESIGN STANDARDS AND
IMPROVEMENTS
.
12-3-1 : 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 function as collector streets.
C. Where a subdivision abuts or contains an existing or proposed collector or
arterial street, the city may require such treatment as may be necessary for
adequate protection of residential property and to afford separation of through
and local traffic.
D. Where a subdivision borders on or contains a railroad right of way, or limited
access highway right of way, the city may require a frontage street
approximately parallel to and on each side of such right of way, at a distance
suitable for the appropriate use of the intervening land. Such distances shall
also be determined with due regard for the requirements of approach grades
and future grade separations.
E. Centerline offsets at sStreet intersections with centerline offsets of less than two
hundred fifty feet (250') for local street to local street and six hundred sixty feet
(660') for local to collector intersections shall not be allowed.shall conform with
the standards listed within the Engineering Guidelines.
F. When connecting street lines of the same street from each other at any point by
more than ten degrees (10°), they shall be connected by a curve with a radius
adequate to meet Minnesota department of transportation (Mn-DOT) adopted
sight distance guidelines, and of such greater radii as the engineer shall
determine for special casesThe angle in which centerline of the same street
connect shall conform with the standards listed within the Engineering
Guidelines.
G. Streets shall be laid out as so to intersect, as nearly as possible, at right angles
and no street shall intersect any other street at less than seventy five degrees
(75°).
.
H.G. Sight easements with tangent distances of twenty five feet (25')
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.H. Street right of way and widths shall conform with
the standards listed within the Engineering
Guidelines.meet the following minimum criteria:
STREET DESIGN
Classifications Right Of Way (ROW) (Feet) Street Widths1 (Feet)
Principal or minor arterial As required by state or county As required by state or county
Collector 80_100 36_52
Local 60 32
Note:
Measured face of curb to face of curb.
ROW dedications, excluding turnaround area may be reduced from sixty (60) to
fifty feet (50'), and pavement widths reduced from thirty two (32) to no less than
twenty eight feet (28') in areas as determined by the city to be environmentally
sensitive due to topography, forestation and/or wetlands.
J.I. The construction of half streets shall be prohibited, but half of the required
right of way shall be platted within such tract where streets are
appropriate as determined by the city.
K.J. 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 feet (700') and shall be provided at the
closed end with a turnaround having roadway diameter of at least ninety feet
(90') (measured face of curb to face of curb) and street property line diameter of
at least one hundred twenty feet (120').
L.K. Cul-de-sacs shall only be developed where justified by irregular topography
.
or where adjacent to limited access streets.
M.L. Street grades shall conform with the standards listed within the
Engineering Guidelines., wherever feasible, shall not exceed the following,
with vertical curves design each meeting Mn-DOT approved standards:
Street Type Percent Grade
Arterial 5
Collector 7
Local 8
N. No street grade in new subdivisions shall be less than one percent (1.0%).
At intersections, the street grade shall not exceed two and zero-tenths
percent (2.0%) for the first one hundred feet (100') approaching said
intersection. (Ord. B-91, 8-5-1997, eff. 8-11-1997)
12-3-2 : STREET SECTIONS:
The street section shall comply with design standards as set forth in the city
standard specification. All street designs are subject to review and approval of the
engineer. (Ord. B-91, 8-5-1997, eff. 8-11- 1997)
12-3-3 : SIDEWALKS, TRAILS, OR PATHWAYS:
Sidewalks, trails or pathways shall be provided in each plat in accordance with
provisions of the city policy. (Ord. B-91, 8-5-1997, eff. 8-11-1997)
12-3-4 : EASEMENT DETAILS:
A. Utility and drainage easements abutting public street right of way and
centered on rear or side lot lines shall be at least ten feet (10') 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 watercourse, 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 pedestrianways 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 feet (10') in width may be
required along the line of lots abutting a collector street, minor or
principal arterial highways. (Ord. B-91, 8-5-1997, eff. 8-11-1997)
12-3-5 : LANDLOCKED PARCELS:
As a general rule, the city shall not permit landlocked parcels or parcels that are only
served by private easements. However, the city may permit the following:
A. Landlocked parcels in 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
permanentfor public use or platted as an outlot foropen spaces such
use as ponding areas, wellhouses, or other public infrastructure may be
permitted. A conservation easement may be required by the city to
ensure that the property is preserved as open space. (Ord. B-91, 8-5-
1997, eff. 8-11-1997)
12-3-6 : PARK DEDICATION:
A. Comprehensive Plans: Where a proposed park, trailway, ponding, or open
space area, shown on the city's comprehensive guide plan, park development
guide, comprehensive storm sewer plan or official map, is located in the whole
.
or in part in a subdivision, such area or areas shall be shown on the
preliminary plat. Such area or areas shall also be dedicated to the City by the
subdivider if the Council requests such dedication under the provisions of the
subsections below. (Ord. B-91, 8- 5-1997, eff. 8-11-1997)
B. Dedication: In all subdivisions, the City shall require that a reasonable portion
of such land be set aside and dedicated to the public for parks, playgrounds or
other public use exclusive of property dedicated for streets and 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 Low Density
Residential dwelling unit of the proposed subdivision (acres to be dedicated
= 0.04 x number of dwelling units), 0.03 of an acre for Medium Density
Residential (acres to be dedicated = 0.03 x number of dwelling units) or 0.02
of an acre for High Density Residential (acres to be dedicated = 0.02 x
number of dwelling units). The land use density determination will be based
upon the approved Comprehensive Land Use Plan. The City shall determine
whether a cash payment in lieu of land dedication is appropriate. The amount
of cash dedication shall be determined by multiplying the number of dwelling
units of the proposed subdivision times the designed fee per dwelling which
may be set from time to time by resolution of the Council. (Ord. B-263, 6-20-
2017)
2. In all commercial, industrial and other 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 ten percent (10%) of the land in the subdivision for parks,
recreation and usable open space. The City shall determine whether a cash
payment in lieu of land dedication is appropriate. The amount of the cash
dedication shall be determined by multiplying the number of acres
(determined by application of the formula stated above) times the designated
fee per acre which may be set from time to time by
resolution of the Council.
3. The dedication of a portion of land for parks or playgrounds, or the payment
of cash in lieu thereof, provided for above shall be presumed to be
reasonable. However, upon the request of the applicant, the
recommendation of the Park and Recreation Commission, 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. (Ord.
XVII.107, 7-1-2003)
.
4. Ponding areas, needed as part of the overall City storm drainage plan, shall
be dedicated as land or easement at the option of the City and as accepted
by the City. However, no credit shall be given for park dedication unless
said area meets the criteria for public parks as stated in the City's park
dedication resolution and is approved by the Council. Said dedication of
land or easement shall be in a form approved by the Council.
5. In the case of subdivisions of land which have previously been subdivided
and for which land has been dedicated for parks or playgrounds, or cash
payments in lieu of such dedication have been made, the Council shall
make reasonable adjustments to recognize such previous dedication or
payment.
C. Timing Of Park Dedication: If a new subdivision is designed to be platted into
more than one (1) 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 a recent abstract of title
or registered property abstract to be submitted at developer's cost to the
City for its examination.
F. Dedicated Property: City must have received warranty deed or
equivalent for dedicated park property by the City before final plat is
approved. (Ord. B-91, 8-5-1997, eff. 8-11-1997)
12-3-7 : REQUIRED IMPROVEMENTS:
The following required improvements shall be installed in accordance with the
engineering policy, standards, and specifications which have been or may in the
future be adopted by the Council. Where standards and specifications have not
been adopted, the improvements shall be made in accordance with good
engineering practices.
.
A. Survey Monuments: Shall be placed at all block and lot corners, angle points,
points of curves in streets and at intermediate points as shall be required by the
City. The monuments shall be of such material, size, and length as may be
approved by the City. It shall be the applicant's responsibility to see that the
survey monuments are maintained in good order during construction and
development.
A. Roads and Highways:
1. Unless otherwise exempted, all lots shall be provided frontage along existing
roads and highways or road and highway to be constructed in conjunction with
the development of the subdivision where not premature under Section 12-5-2
C of this Chapter.
B. Sanitary Sewer Systems:
1. Where available, Municipal sewer facilities shall be provided in the
development of the subdivision and where not deemed premature
under Section 12-5-2 D of this chapter.
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.
3.2. Where Municipal sewer facilities are not available, individual sewage
systems shall be provided in accordance with this Code.
C. Water Systems:
1. Where available, Municipal water facilities shall be provided in the
development of the subdivision and where deemed not premature
under Section 12-5-2 B of this Chapter.
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, which will adequately provide for
the drainage of surface waters and where not deemed premature under
Section 12-5-2 A of this Chapter.
1. Said drainage facilities shall be provided as approved by the City Engineer.
2. Storm sewer and/or other drainage facilities shall be installed as determined
to be necessary by the City Engineer for proper drainage of the surface
.
waters.
E. Streetlights: Streetlights shall be installed as provided by the City's adopted policy.
F. Driveway Approaches: Concrete or bituminous driveway surfaces over
boulevard for lots adjacent to streets improved to City standards shall be
provided for the development.
G. Turf: Topsoil shall be spread to a minimum depth of four (4) to six inches (6"),
and lawn grass shall be established on each lot upon the completion of the
paving of adjacent street(s). In addition, pPrior 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. (Ord. B-91,
8-5-1997, eff. 8-11-1997)
12-3-8 : 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 example, please refer to title 9 of this Code.
(Ord. B-91, 8-5-1997, eff. 8-11-1997)
Chapter 4
VARIANCES, EXCEPTIONS, AND PLANNED UNIT
DEVELOPMENTS
12-4-1 : VARIANCES:
A. Purpose: The purpose of this section is to provide for variations from the
literal provisions of this Title in instances where an unusual hardship exists
upon the land.
B. Board of Appeals and Adjustments: The Board of Appeals and Adjustments
as defined within Title 11 Chapter 12 shall review all variance to this Title.
C. Review Criteria: The Board of Appeals and Adjustments shall not approve a
variance unless they find that the following criteria, as applicable, have been
met:
.
1. The variance, and its resulting construction or project, would be in
keeping with the spirit and intent of this chapter.
2. The variance would alleviate an unusual hardship existing upon the
land such as physical surroundings, shape, or topographical
conditions. Unusual hardship includes, but is not limited to, inadequate
access to direct sunlight for solar energy systems.
3. The variance and its resulting construction or project would not be
detrimental to the public welfare or injurious to other nearby properties.
4. The variance requested is the minimum action required to alleviate the
hardship.
D. Procedures: The Board of Appeals of Adjustments shall follow the procedures
in Section 11-12-2 A. through F. and H. of the Zoning Ordinance
The board of appeals and adjustments shall have the authority to grant variances
from the requirements of this title subject to the same procedures, conditions, and
findings required by the city's zoning ordinance. (Ord. B-91, 8-5-1997, eff. 8-11-
1997)
12-4-2 : EXCEPTIONS:
The following subdivisions may be exempted from normal platting requirements:
A. Simple Lot Division: A simple, easily described division of a platted lot of record
(for example, east 1/2 of lot 31, north 150 feet of lot 31) may be exempted from
the platting requirements of this title provided the resultant parcels meet all
zoning requirements. Such division requires the approval of the council.
B.A. Agricultural Lot Divisions: Lot divisions for single-family dwellings in the
agricultural district may be exempted from platting requirements in accordance
with the requirements of section 11-4-1 of this code.
C. Lot Recombination: To divide on recorded lot or parcel in order to permit the
adding of a parcel of land to an abutting lot and create two (2) buildable lots.
The proposed lots shall not cause the remaining portion of the existing lots or
parcels to be in violation of this regulation or the zoning ordinance.
D. Consolidation: 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 lot of record by recording the consolidation with the county and filing a
copy of a certificate of survey showing same, with the clerk within thirty (30)
days of recording. No hearing or commission review is necessary unless the
proposal is referred to the commission by the planner for clarification. The
proposed lots shall not cause any portion of the existing lots, parcels, or
existing buildings to be in violation of this regulation or the zoning ordinance.
E.B. Corrections: When a survey or description of a parcel or lot has been
found to be inadequate to describe the actual boundaries, approval of a
corrective plat may be requested. This type of subdivision creates no new lots
or streets. The proposed corrective subdivision, in sketch plan form, along
with a letter signed by both property owners agreeing to the new subdivision,
shall be submitted to the council for approval. No hearing or commission
review is necessary unless the proposal is referred to the commission by the
planner for clarification. The proposed lots shall not cause any portion of the
existing lots, parcel, or existing buildings to be in violation of this regulation or
the zoning code. A certificate of survey may be required on any proposed lot
with existing buildings in order to determine the placement of the building on
the proposed lot.
F. Registered Land Survey (RLS): Registered land surveys shall not be used to
avoid the requirements of this title. A registered land survey for parcels of
less than five (5) acres in size or three hundred feet (300') 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 Minnesota
statutes, section 508.47, subdivision 4. Prior to approval of a registered land
survey, the council may require the dedication of street or utility easements
or public park land to the city. (Ord. B-91, 8-5-1997, eff. 8- 11-1997)
12-4-3 : PLANNED UNIT DEVELOPMENT:
A. The city may combine public hearing requirements for subdivisions with those
required of the planned unit developments. (Ord. B-91, 8-5-1997, eff. 8-11-
1997)
B. Dimensional deviations in the development of the subdivision under this
chapter shall relate to lot area, lot width, lot depth, frontage on a public street,
street width, setbacks for any yard, height, setback from adjacent zoning district
or use, length of culs-de-sac, length of block and radius of culs-de-sac.
C. Said dimensional deviations shall be clearly stated and documented at the time
of approval by the council before they shall have full form and effect.
.
A.D. Unless waived by the community development director, all data
required on a preliminary plat and on a final plat as set forth in this chapter,
including streets, utility easements, existing or proposed subdivisions of
ownership and such other information, if any, as required by this chapter, shall
be required as a part of the planned unit development overlay as set forth in
Title 11 Chapter 10 Article VI. Such waiver shall not constitute a verification that
all required data has been submitted.
Chapter 5
ADMINISTRATION AND ENFORCEMENT
12-5-1 : AUTHORITY TO ENFORCE THIS TITLE:
The administrator, or the administrator's designee, shall administer and enforce the
provisions of this title and shall have said authority to:
A. Enter upon the land or within a building during reasonable working hours as
found necessary to fulfill his/her duties as administrator of this title.
B. Conduct inspections of buildings and use of land to determine compliance
with the terms of this title.
C. Maintain permanent and current records of this title, 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. (Ord. B-91, 8-5-1997, eff. 8-11-
1997)
12-5-2 : 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 floodplains; 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 effluents; and the presence of streams as related to effluent
disposal.
B. Lack Of Adequate Water Supply: A proposed subdivision shall be deemed
to lack an adequate water supply if the proposed subdivision does not have
adequate sources of water to serve the proposed subdivision if developed
to its maximum permissible density without causing an unreasonable
depreciation of existing water supplies for surrounding areas.
C. Lack Of Adequate Roads Or Highways To Serve The Subdivision: A proposed
subdivision shall be deemed to lack adequate roads or highways to serve the
subdivision when:
1. Roads which serve the proposed subdivision are of such a width, grade,
stability, vertical and horizontal alignment, site distance and surface
condition that an increase in traffic volume generated by the proposed
subdivision would create a hazard to public safety and general welfare, or
seriously aggravate an already hazardous condition, and when, with due
regard to the advice of the county and/or the Mn-DOT, said roads are
inadequate for the intended use.
2. The traffic volume generated by the proposed subdivision would create
unreasonable highway congestion or unsafe conditions on highways 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 permissible
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 if developed to the maximum permissible density indicated in the
Rosemount comprehensive plan, as may be amended.
E. Inconsistency With Comprehensive Plan: A proposed subdivision shall be
deemed inconsistent with the city's comprehensive plan when the subdivision is
inconsistent with the purposes, objectives and recommendations of the adopted
comprehensive plan of Rosemount, as may be amended. Subdivisions which
do not follow planned public improvements shall be deemed inconsistent with
the city's growth strategies as outlined in the comprehensive plan.
F. Public Service Capacity: A proposed subdivision shall bedetermined 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 next two (2) years.
G. Minnesota Environmental Quality Commission (EQB) Policies: The proposed
subdivision is inconsistent with the policies of the environmental quality board,
as may be amended, and could adversely impact critical environmental areas
or potentially disrupt or destroy historic areas, which are designated or
officially recognized by the council, in violation of federal and state historical
preservation laws.
H. Inconsistency With Capital Improvement Plan: 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. (Ord. B-91, 8-5-1997, eff. 8-11-1997)
12-5-3 : BUILDING PERMITS:
No building permit shall be issued until public improvements have been accepted
by the city. (Ord. B- 91, 8-5-1997, eff. 8-11-1997)
.
12-5-4 : VIOLATIONS AND PENALTIES:
Any person who violates or fails to comply with any provisions of this title shall be
guilty of a misdemeanor, and upon conviction thereof shall be punished according
to Minnesota statutes, section 609.02, subdivision 3. (Ord. B-91, 8-5-1997, eff. 8-
11-1997)
12-5-5 : REPEALS:
The board of appeals and adjustments and its functions are provided by title 11,
chapter 12 of this code. (Ord. B-91, 8-5-1997, eff. 8-11-1997)