5.10 PCSR 06-27-1995 r-Q --\.
( ITEM 5.10.
ity of / MEMORANDUM
.lkPlanning
River TO: Commission
FROM: Gary Schmitz, Planning Assistant G
DATE: June 27, 1995
SUBJECT: Ordinance Amendment by the City of
Elk River/Public Hearing
Case No. OA 95-7
Request
The City of Elk River is requesting an ordinance amendment which would
amend Section 900.12, "Permitted Accessory Conditional Uses by District."
The amendment would include changing screened outdoor storage areas from
a permitted use to a conditional use in both the I-1 (Light Industrial) and I-2
(Medium Industrial) zoning districts. The amendment would also consist of
requiring that outdoor storage areas be accessory to a principle use.
III Attachments
Ordinance 95-
Analysis
Recently staff has become aware of a problem related to the use of screened
outdoor storage areas in industrial zoning districts. The existing ordinance
currently allows screened outdoor storage as a permitted use in both the I-1
(Light Industrial) and I-2 (Medium Industrial) zoning districts. Staff is
proposing an ordinance amendment which will permit outdoor storage as a
conditional use in both the I-1 and I-2 zoning districts when it is accessory to
a principle use. The conditional use permit will allow the Planning
Commission and City Council an opportunity to review the outdoor storage
request and require necessary conditions to properly screen the storage.
This amendment has been triggered by a recent request to store equipment
and construction material on a vacant lot in an industrial zoned area as a
permitted use. The proposal does not involve any type of building and
consists of a user simply using the parcel for storage on a vacant lot. It is
staffs opinion that outdoor storage should be accessory to a principle use
111 such as a warehouse, light manufacturing plant, contractor business, etc.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• Outdoor storage also has the potential to negatively affect surrounding
property and should offer the potential for surrounding land owners to voice
any concerns at a public hearing to give the City the opportunity for a
thorough review.
Recommendation
Staff recommends approval of Ordinance 95- .
•
•
s:planning:pc:oa95-7
• ORDINANCE 95-7
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.12
"PERMITTED, ACCESSORY AND CONDITIONAL USES BY
DISTRICT" OF THE ELK RIVER CODE OF ORDINANCES
RELATING TO SCREENED OUTDOOR STORAGE AREAS
CASE NO. OA 95-7
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.12 of the Elk River Code of Ordinances is hereby
amended to add the following sections:
Section 900.12 (13)(c)(xiv) - Screened outdoor storage areas accessory
to a principal use.
Section 900.12 (14)(c)(xiv) - Screened outdoor storage areas accessory
to a principal use.
Section 2. Section 900.12 of the Elk River Code of Ordinances is hereby
amended to delete the following section:
411 Section 900.12 (13)(A)(v) - Screened outdoor storage areas.
Section 3. Section 900.12 of the Elk River Code of Ordinances is hereby
amended to change the following language:
Section 900.12 (14)(A)(ii) - Enclosed storage or warehousing.
Section 4. That this Ordinance shall take effect and be in full force from
and after the date of its publication.
Passed and adopted this day of , 1995, by the City
Council of the City of Elk River.
Henry A Duitsman , Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
II)
s:document:ordinance:oa95-7
• SECTION 1008 - SUBDIVISION ORDINANCE
1008. 00 - SHORT TITLE
This ordinance shall be known as the "SUBDIVISION ORDINANCE OF
THE CITY OF ELK RIVER" and will be referred to herein as "this
Ordinance. "
1008.02 - PURPOSE
All subdivisions of land hereafter submitted for approval shall
fully comply, in all respects, with the regulations set forth
herein. It is the purpose of these regulations -to:
1 . Provide for and guide the orderly, economic and safe
development of land and urban services and facilities.
2 . Encourage well-planned, efficient, and attractive
subdivisions by establishing adequate standards for design and
construction.
3 . Facilitate adequate provision for streets, transportation,
• water, sewage, storm drainage, schools, parks, playgrounds, and
other Public services and facilities .
4 . Place the cost of improvements against those benefiting from
their construction.
5 . Secure the rights of the public with respect to public lands
and waters .
6 . Set the minimum requirements necessary to protect the public
health, safety, and general welfare.
1008 . 04 - SCOPE AND LEGAL AUTHORITY
The rules and regulations governing plats and subdivision of land
contained herein shall apply within the boundaries of the City of
Elk River (the City) in accordance with and as permitted by
Minnesota Statutes (the Law) . Except in the case of
resubdivision, this Ordinance shall not apply to any lot or lots
forming a part of a subdivision recorded in the office of the
County Recorder prior to the effective date of this Ordinance,
nor is it intended by this Ordinance to repeal, annul or in any
way impair or interfere with existing provisions of other laws or
All ordinances except those specifically repealed by, or in conflict
with, this Ordinance, or with restrictive covenants running with
10.14
the land. Where this Ordinance imposes a greater restriction
• upon the land than is imposed or required by such existing
provisions of this Ordinance shall control .
1008 06 - RULES AND DEFINITIONS
1. Rules .
A. Words used in the present tense include the past and
future tense; the singular number includes the plural and
the plural includes the singular; the work "shall" is
mandatory, and the words "should" or "may" are permissive.
B. In the event of conflicting provisions in the text of
this Ordinance, the more restrictive shall apply.
2 . Definitions. Unless the context clearly indicates
otherwise, the words, combination of words, terms and phrases as
used in Section 1008 . 00 et seq. shall have the meanings set forth
in the following paragraphs :
ADMINISTRATIVE SUBDIVISION: A subdivision involving the creation
of no more than two tracts or lots.
• BLOCK: The enclosed area within the perimeter of roads, property
lines or boundaries of the subdivision.
BOULEVARD: The portion of the street right-of-way between the
curb line and the property line.
CENTRAL SEWAGE SYSTEM: A community sewer system including
collection and treatment facilities established by the subdivider
to serve the subdivision.
COMPREHENSIVE DEVELOPMENT PLAN: The City of Elk River Growth
Management Plan as amended by the City including a compilation of
policy statements, goals, standards and maps indicating the
general locations recommended for various functional classes of
land use, places and structures, and for the general physical
development of the City. It shall have the same meaning as "
comprehensive municipal plan" in the Law.
CONTOUR MAP: A map on which irregularities of land surface are
shown by lines connecting points of equal elevation. Contour
interval is the vertical height between contour lines .
COUNTY: Sherburne County, Minnesota.
• COUNTY BOARD: The Sherburne County Board of Commissioners .
10.15
• DEFLECTION: The angle between a line and the prolongation of the
preceding line.
DEVELOPMENT: The act of building structures or installing site
improvements .
DRAINAGE COURSE: A water course or indenture for the drainage of
surface water.
EASEMENT: A grant by an owner of land for a specific use by the
public, quasi-public or persons other than the owner.
FINAL PLAT: The final map, drawing or chart on which the
subdivider' s plan of subdivision is presented to the City Council
for approval and which, if approved, will be submitted to the
County Recorder.
INDIVIDUAL SEWAGE TREATMENT SYSTEM: A sewage treatment system or
part thereof, serving a dwelling, or other establishment, or
group thereof, which utilizes subsurface soil treatment and
dispersal.
LOT: A parcel or portion of land in a subdivision or plat of
• land separated from other parcels or portions by description, as
on a subdivision or certificate of survey, for the purpose of
sale or lease or separate use thereof.
LOT, BUTT: A lot at the end of a block and located between
two corner lots .
LOT, DEPTH: The minimum horizontal distance between the
front lot line and the rear lot line.
LOT. CORNER: A lot bordered on at least two (2) sides by
adjoining streets .
LOTS, DOUBLE FRONTAGE: A lot of which opposite ends abut on
a street .
LOT. WIDTH: The horizontal distance between side lot lines,
measured at the required front setback line.
METES AND BOUNDS DESCRIPTION: A description of real property
which is not described by reference to a lot or block shown on a
map, but is described by starting at a known point and describing
the bearings and distances of the lines forming the boundaries of
the property, or delineates a fractional portion of a section,
lot or area by described lines or portions thereof.
MINIMUM SUBDIVISION DESIGN STANDARDS : The guides, principles and
• specifications for the preparation of subdivision plans
10.16
indicating, among other things, the minimum and maximum
• parameters of the various elements set forth in the plans.
NATURAL WATERWAY: A natural passageway in the surface of the
earth so situated and having such a topographical nature that
surface or percolating water flows through it from other areas
before reaching a final ponding area.
OWNER: An individual or legal entity having sufficient legal
interest in the land sought to be subdivided to commence and
maintain proceedings to subdivide the same under this Ordinance.
OUTLOT: A remnant from a subdivision that is not a developable
piece of property unless replatted in accordance with City
Ordinances .
PEDESTRIAN WAY: A public right-of-way or easement across or
within a block, to be used by pedestrians.
PERSON: Any individual or legal entity.
PLAT: A map or drawing which graphically delineates the boundary
of land parcels for the purpose of identification and record of
title. The plat is a recorded legal document and must conform to
• the Law.
PLATTING AUTHORITY: The City Council .
PRELIMINARY PLAT: The preliminary map, drawing or chart
indicating the proposed layout of the subdivision to be submitted
to the Planning Commission and City Council for their
consideration.
PROTECTIVE COVENANTS : Contracts entered into between private
parties which constitute a restriction on the use of all or some
of the private property within a subdivision for the benefit of
the property owners .
PUBLIC SEWER OR PUBLIC SEWAGE SYSTEM: A sewer or sewage system
in which all owners of abutting properties have equal rights, and
which is controlled by a public authority.
RIGHT-OF-WAY: The land occupied or intended to be occupied by a
street, sidewalk, pedestrian way, utilities or other specific
use.
SEWAGE: Any water-carried domestic wastes, exclusive of footing
• and roof drainage, from any industrial, agricultural or
commercial establishment, or any dwelling or other structure.
10.17
Domestic waste includes, but is not limited to, liquid waste
• produced by bathing, laundry, culinary operations, and liquid
wastes from toilets and floor drains . Domestic waste
specifically excludes animal waste and commercial process wastes .
SKETCH PLAN: An informal layout of the proposed subdivision
including preliminary topographic data, location of existing
structures, requested zoning changes, relationship to existing
community facilities and relationship to existing surrounding
land use. This plan is not necessarily drawn to scale and exact
accuracy is not a requirement .
STANDARD SUBDIVISION: A subdivision involving the creation of
more than two parcels, tracts, or lots.
STREETS AND ALLEYS :
1 . Alley - A public right-of-way which is used primarily for
secondary vehicular service access to the back or the side of
properties abutting on a street.
2 . Arterial Street - A street or highway with access
restrictions designed to carry large volumes of traffic between
various sectors of the City or County and beyond.
• 3 . Collector Street - A street which carries traffic from minor
streets to arterials .
4 . Cul-de-sac - A minor street with only one outlet and having
an appropriate turn-around for the safe and convenient reversal
of traffic movement .
5 . Marginal Access Street - A minor street which is parallel
and adjacent to an arterial street and which provides access to
abutting properties and protection from through traffic.
6 . Minor Street - A street of limited continuity which is used
primarily for access to abutting properties .
7 . Private Street - A street serving as vehicular access to two
(2) or more parcels of land which is not dedicated to the public
but is owned by one or more private parties .
8 . Street - A public right-of-way accepted or a private right-
of-way approved pursuant to the requirements set forth for
private streets under the section entitled Subdivision Design
• Standards of the Code by public authority which provides a legal
primary means of public access to abutting property. The term
10.18
•
"street" shall include a highway, thoroughfare, arterial,
parkway, collector, avenue, drive, circle, road, boulevard or any
other similar term describing an entity complying with the
preceding requirements.
STREET WIDTH: The shortest distance between the lines delineating
the right-of-way of a street.
SUBDIVIDER: Any person commencing proceedings under this
Ordinance to effect a subdivision of land hereunder for himself
or for another.
SUBDIVISION: The division or separation by plat or metes and
bounds description of an area, parcel, or tract of land under
single ownership into more than two parcels, tracts or lots for
transfer of ownership or for residential, commercial or
industrial development, or any separation or division of land
necessitating the creation of a new street or road or other use
or any combination thereof; except those separations :
a. Where all the resulting parcels, tracts, lots, or
• interests will be 20 acres or larger in size and 500 feet in
width for residential uses and five acres or larger in size
and 300 feet in width 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;
d. The separation or division of a parcel, tract or lot
for the purpose of attachment to contiguous parcels, tracts
or lots provided that no residual parcel, tract or lot is
left unattached.
TANGENT: A straight line; also a straight line projected from the
end of a curve, which is perpendicular to a line in the curve
drawn from the radius Point to the end of the curve.
TRACING: A plat or map drawn on transparent paper or cloth which
can be reproduced by using regular reproduction procedure.
ZONING ORDINANCE: The zoning ordinance of the City adopted by the
City Council .
•
10.19
• 1008 .08 - PROCEDURE
1. Standard Subdivision. Standard subdivisions shall be
reviewed by the City in accordance with the following procedures :
A. Pre-Application Meeting. Prior to the preparation of a
preliminary plat, the subdivider or owner shall meet with
the City in order to be made fully aware of all ordinances,
regulations and plans applicable to the area to be
subdivided. At this time or at subsequent meetings, the
subdivider may submit a general sketch plan of the proposed
subdivision and preliminary proposals for water supply and
waste disposal . The subdivider is urged to avail itself of
the advice and assistance of the City to expedite review and
approval of the preliminary plat .
B. Preliminary Plat.
i . After the pre-application meeting, the subdivider
or owner shall file with the Planning Department a
completed and signed application for preliminary plat
approval on a form provided by the City, along with
twelve (12) copies of a preliminary plat which has
• been prepared in accordance with the regulations set
forth in this Chapter. All plats and subdivisions
presented for approval by the Planning Commission and
City Council shall be accompanied by the filing fee
established by resolution of the City Council and by
an agreement that the subdivider will reimburse the
City for its costs to review the preliminary and final
plat . The application for preliminary plat approval
shall not be complete until everything required to be
submitted by this Ordinance has been received by the
City and the City has advised the subdivider in
writing that the application is complete and review is
proceeding.
ii . The preliminary plat will be reviewed by affected
City departments to determine whether the subdivision
complies with the requirements of this Ordinance and
the City Zoning Ordinance, and to determine how the
proposed development will affect traffic, utilities,
drainage, community facilities, public safety,
surrounding development, natural features, historic
sites, open space, etc.
iii . The Planning Department will compile comments
from the other City departments and prepare a written
10.20
report . A copy of the report shall also be sent to
• the subdivider.
iv. A copy of the preliminary plat shall be referred
to the Park and Recreation Commission. The Park and
Recreation Commission shall make a recommendation to
the Planning Commission and City Council prior to the
public hearing on the preliminary plat .
v. The Planning Department shall submit copies of
the preliminary plat to the Sherburne County Highway
Department, Minnesota Department of Transportation and
other appropriate agencies (where applicable) .
vi . Within sixty (60) days of receipt by the City of
a complete application for preliminary plat approval
including all required supporting materials, the
Planning Commission shall hold a public hearing on the
proposed subdivision. The required legal publication
shall be made and notices shall be sent to all
property owners of record within three hundred fifty
(350) feet of the exterior boundaries of the proposed
plat and within three hundred fifty (350) feet of all
contiguous property owned or controlled by the
• subdivider or the owner. The developer is required to
obtain the above-mentioned property owners list form
the Sherburne County Auditor' s office.
vii . The subdivider or a duly authorized
representative shall attend the Planning Commission
meetings at which the proposal is scheduled for
consideration.
viii . At the public hearing, the Planning Commission
shall receive the written report of the Planning
Department and shall take testimony from the
subdivider and all other interested persons. At the
close of the public hearing, the Planning Commission
shall consider all of the written reports and
materials before it, and the oral testimony, and make
a recommendation on the preliminary plat to the City
Council . The Planning Commission may recommend
approval, approval subject to conditions or that the
preliminary plat be denied. If denial is recommended,
the reasons for that recommendation shall be stated in
the record.
• ix. Following action by the Planning Commission, the
City Council shall consider the preliminary plat . The
10.21
City Council shall make its decision on the
• preliminary plat within one hundred twenty (120) days
following receipt by the City of the properly
completed application, unless the subdivider consents
on the record to a continuance. The City Council may:
(1) Grant approval of the preliminary plat,
with or without modification or conditions; or
(2) Refer the preliminary plat to the Planning
Commission or appropriate City staff, officers or
departments for further investigation; or
(3) Deny preliminary plat approval . If the
plat is denied, the City Council shall state the
reasons for denial on the record.
x. Following preliminary plat approval, the
subdivider may petition the Council for installation
of the streets and other public improvements required
for development of the subdivision. The petition
shall be in the form required by the City and shall be
submitted with a cash escrow in the amount of the cost
of the feasibility study for the improvements, as
• estimated by the City Engineer. Once the petition and
escrow have been received, the Council may order the
feasibility report.
C. Final Plat
i . Following approval of the preliminary plat, the
subdivider may file an application for approval of a
final plat for all or a portion of the preliminary
plat . The application shall be on a form required by
the City and shall be accompanied by five (5) copies
of the final plat prepared by a land surveyor duly
registered in the State. Failure of the subdivider to
submit the final plat within one (1) year, unless a
written request for extension has been submitted and
for good cause granted by the Council, shall cause the
preliminary plat to become null and void. However,
the subdivider may continue to final plat a "phase" of
the approved preliminary plat within one year of each
phase in order to extend valid approval of the
preliminary plat . If all of the phases of the
approved preliminary plat are not finalized within a
three year period from the date of Council approval,
III the preliminary plat will become null and void unless
the subdivider requests an extension.
10.22
• ii . The subdivider shall also submit to the City, at
the time of final plat application, a title opinion or
title insurance naming the City as an insured party, a
copy of any restrictive covenants, and such other
evidence as the City may require showing the
subdivider' s title or ownership in the land to be
subdivided.
iii . The subdivider shall incorporate all changes and
modifications in the final plat required by the
Council . In all other respects, the final plat shall
conform to the preliminary plat or it may be sent back
to the Planning Commission and City Council for
preliminary plat review.
iv. The subdivider or a duly authorized
representative shall attend the meeting before the
Council at which the final plat is scheduled for
consideration.
v. The Council may, if all reports indicate full
• compliance with the provisions of this chapter,
including the findings required below for approval of
a final plat, approve the final plat as submitted and
adopt a resolution of approval .
vi . The subdivider shall, if the final plat is
approved by the Council and signed by all appropriate
parties, record the final plat with the County
Recorder' s office.
vii . The subdivider shall record one mylar (1) copy of
the final plat with the County that can be returned
and kept as a record document by the City.
D. Findings Required. The findings necessary for City
Council approval of the preliminary plat and the final plat
shall be as follows :
i . The proposed subdivision is consistent with the
Zoning Ordinance and conforms in all respects with all
requirements of the Elk River Code of Ordinances
including City Zoning and Subdivision Ordinances .
ii . The proposed subdivision is consistent with all
applicable general and specialized City, County, and
10.23
• regional plans including, but not limited to, the
City' s Comprehensive Development Plan.
iii . The physical characteristics of the site,
including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation,
susceptibility to flooding, and drainage are suitable
for the type and density of development and uses
contemplated.
iv. The proposed subdivision makes adequate provision
for water supply, storm drainage, sewage
transportation, erosion control and all other
services, facilities and improvements otherwise
required herein.
v. The proposed subdivision will not cause
substantial environmental damage.
vi . The proposed subdivision will not conflict with
easements of record or with easements established by
judgment of a court.
vii . The proposed subdivision will not have an undue
and adverse impact on the reasonable development of
neighboring land.
D. Approval of Preliminary and Final Plat : At the
discretion of the City, preliminary and final plat may be
submitted at the same time to the City Council for
consideration. This consideration will be determined based
on issues and complexity associated with the subdivision.
2 . Administrative Subdivision.
A. Purpose. The Administrative Subdivision procedure for
processing applications for the division of land is intended
to provide an expedited procedure in those limited cases
where strict adherence to the standard platting process is
not required. The Administrative Subdivision procedure is
not intended to be a substitute for the standard platting
process set forth in this Ordinance Administrative
Subdivision procedures may be utilized where the following
circumstances exist.
i . The property to be divided will result in no more
than two (2) lots .
10.24
ii . The property to be divided will not require the
• dedication of public right-of-way for purposes of
gaining access to the subdivided property.
iii . The property has not previously been the subject
of division by the Administrative Subdivision
procedure.
B. Procedure. Except as hereinafter specifically
provided, administrative subdivisions shall conform to all
standards, procedures and requirements applicable to
standard subdivisions under this Ordinance.
i . Prior to formal application, sketch plans and/or
surveys shall be reviewed by the Planning Department
for submission of a written recommendation thereon to
the City Council . Administrative subdivisions do not
require review by the Planning Commission unless
required by referral of the City Council . The
Planning Department shall initially determine and
recommend to the City Council the extent to which an
administrative subdivision shall be subject to the
requirements of this Ordinance.
• ii . The Administrative Subdivision shall be submitted
to the Park and Recreation Commission for review. A
recommendation should be forwarded on to the City
Council for consideration, along with the proposed
subdivision.
iii . After the Planning Department has submitted its
recommendation to the Council concerning the proposed
administrative subdivision, the City Council shall
hold a public hearing thereon after giving notice as
required for a standard subdivision.
10.25
1008.10 - DATA FOR PRELIMINARY PLAT
1. Identification and Description.
A. Proposed name of subdivision, which shall not duplicate
or be similar in pronunciation or spelling to the name of
any Plat heretofore recorded in the County.
B. Location by section, township, range, and by legal
description.
C. Names and addresses of the record owner, subdivider,
land surveyor, engineer, designer of the plan, and any agent
having control of the land.
D. Graphic scale not less than one (1) inch to one hundred
(100) feet . unless requested by the City.
E. North arrow.
F. Date of preparation.
2 . Existing Conditions .
• A. Boundary survey which shall be tied into the nearest
section or quarter section corner by traverse.
B. Existing zoning classifications for land within and
abutting the subdivision.
C. A general statement of the approximate acreage and
dimensions of the lots .
D. Location, right-of-way width, and names of existing or
platted streets, or other public ways, parks, and other
public lands, permanent buildings and structures, easements
and section and corporate lines within the proposed
subdivision and to a distance one hundred fifty (150) feet
beyond.
E. Boundary lines of adjoining platted or subdivided land,
within one hundred fifty (150) feet, identified by name and
ownership, including all contiguous land owned or controlled
by the subdivider.
F. Topographic date, based on the City datum, including
contours at vertical intervals of at least two (2) feet .
• Water courses, wetlands, marshes rock outcrops . Power
10.26
•
transmission poles and lines, and other significant features
• shall also be shown. U.S.G.S. data shall be used for all
topographic mapping where feasible.
G. Utilities on or adjacent to the property, including
location, size and invert elevation of public sanitary and
storm sewers; location and size of water mains; location of
gas mains, fire hydrant, electric and telephone lines, and
street lights. The direction and distance to, and size of,
such facilities shall be indicated, showing invert elevation
of sanitary and storm sewers, including catch basins,
manholes and hydrants. Such data may be available from City
plans, and the source thereof so noted, unless such
utilities are located on the subject property. In all
instances, they shall be field checked as far as
practicable.
H. Under certain circumstances the City may require a
complete tree inventory identifying the types and location
of all trees greater than six (6) inches in diameter when
measured at a point four (4) feet above the ground level
shall be specified. Information, to the extend feasible,
shall also be provided as to type, weakness, maturity,
infestation resistance, density and spacing. Trees to be
• removed for streets, drives, buildings, drainage or other
purposes shall be identified.
3 . Subdivision Design Features.
A. Layout of proposed streets showing the right-of-way
widths, centerline gradients, typical cross sections, and
proposed names of streets . The name of any street
heretofore used in the City or its environs shall not be
used unless the proposed street is a logical extension of an
already named street, in which event the same name shall be
used. Street names shall conform to the master street name
and numbering system as adopted.
B. Location and width of proposed alleys and pedestrian
ways.
C. Lot sizes, layout, numbers and preliminary dimensions
of lots and blocks .
D. Minimum front and side street building setback lines .
E. When side lot lines are not parallel, the width of the
• lot at the building setback line.
10.27
F. Areas other than streets, alleys, pedestrian ways and
• utility easements, intended to be dedicated or reserved for
public use, including the size of such area or areas in
acres.
G. Location, size and approximate gradient of proposed
public sewer lines and water mains. If public sewer and
water are not available, the engineer shall provide site
evaluation data required by Minnesota Pollution Control
Agency Individual Sewage Treatment Standards (Chapter 7080)
to determine the suitability of the site for individual
sewage treatment systems. Such data, consistent with
Chapter 7080, may include, but is not limited to, depth to
the highest known or calculated ground water table or
bedrock; soil conditions, properties and permeability;
slope; existence of lowlands; local surface depressions and
rock outcrops; legal setback requirements; soil borings and
percolation tests. reference shall be made to "Soil Survey:
Sherburne County, Minnesota, " U.S. Department of
Agriculture, Soil Conservation Service, and any other
available sources . The data required should be determined by
the City, in its discretion.
4 . Other Information. All or any part of the following
• information shall be provided at the request of the City:
A. Statement of the proposed use of lots stating type of
residential buildings with number of proposed dwelling units
or type of business or industry, so as to reveal the effect
of the proposed development on traffic, fire hazards, and
congestion of population.
B. Proposed protective covenants, if any.
C. A drainage plan for the area indicating the direction
and rate of natural storm water runoff and those unaltered
areas where storm water collects and percolates into the
ground. A proposed drainage plan for the developed site
indicating the direction and rate of runoff and those areas
where storm water will collect and percolate into the ground
shall also be included.
D. A proposed finished grading plan showing contour
intervals appropriate to the topography or spot elevations
clearly indicating the relationship of proposed changes to
existing topography and remaining features .
• E. Where the subdivider owns property adjacent to that
which is being proposed for the subdivision, the subdivider
10.28
shall submit a sketch plan of such remaining property so as
• to depict the possible relationships between the proposed
subdivision and the future subdivision.
F. Potential resubdivision and use, including placement of
structures, of large lots shall be indicated in a
satisfactory manner.
G. A plan for soil erosion and sediment control both
during construction and after development has been
completed. The plan shall include a timing schedule and
sequence of operation indicating the anticipated starting
and completion dates of the particular development sequence
and the estimated time of exposure of each area prior to
completion of effective erosion and sediment control
measures. Gradients of waterways, design of velocity and
erosion control measures, and landscaping of the erosion and
sediment control system shall also be shown.
H. A vegetation preservation and protection plan to
provide stabilization of erosive or sediment-producing areas
by covering soils with:
i . Permanent seeding or sodding, producing areas
• covered with a turf of perennial sod-forming grass.
ii . Short-term seeding, producing temporary
vegetative cover such as annual grasses, grains or
other temporary ground cover.
iii . Mulching, by the application of plants or other
suitable material on the newly seeded surface to
conserve moisture, hold soil in place and aid in
establishing plant cover.
H. Any variances required shall be shown on the
preliminary plat.
I . Such other information as may be requested by the City
for review of the application.
1008 .12 - DATA FOR FINAL PLAT
1. General .
A. The final plat shall be prepared by a land surveyor who
• is registered in the State of Minnesota and shall comply
with the provisions of the Law and of this Ordinance.
10.29
• B. Surveying requirements for the final plat shall be
under the regulation of the County Surveyor. The County
Surveyor shall submit a report to the City regarding the
conformance of the proposed final plat to the approved
preliminary plat, the requirements of this Ordinance and all
provisions of the Minnesota Statutes regarding the platting
of land. If the County Surveyor initially prepared a
proposed final plat, another Registered Land Surveyor chosen
by the City shall examine said plat and submit a report to
the City.
C. Title opinion prepared or approved by the City Attorney
based upon examination of an abstract of the records of the
County Recorder or the Registrar of Titles for the lands
included within the plat and showing the title to be in the
name of the owner or subdivider. The date of continuation
of the abstract examined or the date of the examination of
the records shall be within thirty (30) days prior to the
date the final plat is filed with the County Auditor. The
owner or subdivider shown in the title opinion shall be the
owner of record of the platted lands on the date of
recordation of the final plat with the County Recorder or
Registrar of Titles .
• D. Execution by all owners of any interest in the land to
be subdivided and any holders of a mortgage therein of deeds
or easements for any area to be conveyed for public use and
any covenants or association documents in such form as shall
be approved by the City Attorney.
E. The subdivider shall provide one (1) print of the final
plat on 11" x 17" drawn at a scale of 1" equals 200' .
1008 .13 - DATA FOR RELEASE OF FINAL PLAT FOR RECORDING
A. Developer and City sign a Developer Agreement
outlining improvement requirements and conditions of plat
approval .
B. Financial guarantee acceptable to the City to insure
installation of improvements and payment of specific
assessments .
C. Satisfy all conditions set forth in the Final Plat
resolution as approved by the City Council .
D. Payment of applicable City development fees .
•
1030
1008.14 - SUBDIVISION DESIGN STANDARDS
• 1. General Requirements .
A. The proposed subdivision shall conform to the
Comprehensive Plan official maps and zoning ordinance.
B. The arrangement, character, extent, width and location
of all streets shall be considered in their relation to
existing and planned streets, to reasonable circulation of
traffic, to topographic conditions, to runoff of storm
water, to public convenience and safety, and in their
appropriate relation to the proposed uses of the land to be
served by such streets. Wherever feasible and necessary,
the arrangement of streets in new subdivisions shall provide
for the continuation of existing streets in adjoining areas.
Where adjoining unsubdivided areas may be subdivided in the
future, the arrangement of streets in a new subdivision
shall make provision for the proper projection of streets
into adjoining areas by carrying the new streets to the
boundaries of the new subdivision at appropriate locations;
temporary easements for vehicular movement shall be provided
until the adjoining areas are developed.
• 2 . Streets/Alleys.
A. Widths - Street right-of-way widths shall be as
determined in the Comprehensive Plan and official map, if
adopted, and, where applicable, shall conform to county and
state standards for trunk highways. If there are no such
plans or standards, right-of-way widths shall conform to the
following minimum dimensions :
Street Right-of-Way Width
Arterial 80 ft .
Collector 70 ft .
Minor Street 60 ft .
Cul-de-Sac Turnaround Radius 60 ft.
B. Street Intersections - Insofar as practical, streets
shall intersect at right angles . In no case shall the angle
formed by the intersection of two streets be less than sixty
(60°) degrees. Intersections having more than four corners
shall be prohibited. Street centerlines should match at
four-way intersections . If this is not possible, there must
be a minimum of 150 feet separation measured between
• centerlines .
10.31
C. Tangents - A tangent of at least three hundred (300)
• feet shall be introduced between reverse curves on arterial
and collector streets.
D. Deflections - When connecting street lines deflect from
each other at one point by more than ten (10°) degrees they
shall be connected by a curve with a radius adequate to
ensure a sight distance within the Right-of-Way of not less
than five hundred (500) feet for arterials, three hundred
(300) feet for collectors, and one hundred (100) feet for
all other streets.
E. Turning Radius - Proper design should consider required
turning radius of vehicles for access points or entrances to
and from a highway using standards adopted by the Minnesota
Department of Transportation.
F. Location Requirements - Except in the case of a
shopping center, planned as a unit with off-street parking
and loading space, either a public or private alley shall be
provided in a block where commercially zoned property abuts
a major thoroughfare or a major street. Alleys in
residential areas will not be permitted except by resolution
of the City Council.
• G. Widths - Alleys, where permitted by the City Council,
shall be at least eighteen (18) feet wide in residential
areas and at least twenty-four (24) feet wide in commercial
areas.
H. Grades - All centerline street gradients shall be at
least five-tenths percent (0 . 5%) and shall not exceed the
following: arterials and collector streets - 5% to 8%%,
minor streets - 8%.
I • Minor Streets - Minor streets shall be designed to
discourage use by through traffic.
J. Cul-de-sacs - Cul-de-Sac streets, permanently designed
as such, can be undesirable in terms of traffic movement,
emergency vehicle access, school bus traffic and
snowplowing. The City reserves the right to restrict the
number and length of cul-de-sacs in a subdivision. The
maximum length of a street terminating in a Cul-de-Sac shall
be seven hundred (700) feet, measured from the center line
of the street of origin to the center of the Cul-de-Sac.
Longer cul-de-sacs shall not be allowed, except where the
• City Council determines that :
10.32
i . the Cul-de-Sac is temporary because the street is
• designed to extend into adjoining unsubdivided
property and connect with a future street; or
ii . it has been clearly shown that, by reason of
unfavorable land form or the irregular shape of the
land, a normal pattern cannot be established or land
would be wasted if the additional length were not
allowed.
K. Half Streets - Half streets shall be prohibited except
where it will be practical to require the dedication of the
other half when the adjoining property is subdivided, in
which case the dedication of a half street may be permitted.
The probable length of time elapsing before dedication of
the remainder shall be a factor considered in making this
determination.
L. Private Streets - Private streets shall not be allowed
nor shall public improvements be approved for any private
streets . Private streets may be approved only if the City
determines that :
i . Private ownership will not adversely impact
• public health, safety and welfare.
ii . The design is in compliance with appropriate
engineering standards and requirements .
iii. A permanent and satisfactory street maintenance
agreement, association document (if applicable) , and
financial assurances exist ensuring that city
maintenance will not be required.
iv. A permanent and sufficient right of access to all
users is provided.
M. Hardship to Owners of Adjoining Property - Street
arrangements for the proposed subdivision shall not cause
undue hardship to owners of adjoining property in
subdividing their own land and providing convenient access
to it .
N. Dedication - All proposed streets shown on the plat
shall be in conformity with the Comprehensive Development
Plan and County comprehensive plans and shall be offered for
dedication as public streets.
1033
4 . Blocks. The length, width and acreage of blocks shall be
• sufficient to provide convenient and safe access, circulation,
control and street design. Blocks may not be longer than one
thousand three hundred (1, 300) feet, or shorter than three
hundred (300) feet except as specifically recommended by the City
Administrator and City Planner and concurred with by the City
Council to foster innovative design consistent with sound
planning principles.
5 . Pedestrian Corridors . Pedestrian ways may be required in
areas to provide access to schools, parks and other public
destination points. Easements or dedicated corridors for
pedestrian ways between residential dwelling units shall be at
least twenty (20) feet in width.
6 . Lots .
A. Location - All lots shall abut and have direct access
to a street. The City may establish different access width
requirements for specific lots based on lot location and
shape, needs created by the permitted use and traffic
volumes and patterns proximate thereto.
B. Width - Lots shall have the required minimum width at
110 the street Right-of-Way line and the building setback line
except for those lots for which the side lots are not
parallel .
C. Size - Lot dimensions shall comply with minimum lot
area and other dimensional requirements specified in the
Zoning Ordinance.
D. Side Lot Lines - Side lines of lots shall be
substantially at right angles to straight lines or
substantially radial to curved street lines.
E. Drainage - Lots shall be graded so as to provide
drainage away from building locations and directed down lot
lines within the proposed drainage and utility easements.
Any lot drainage which is directed onto an adjacent lot must
be within a drainage easement.
F. Natural Amenities - Lots shall be placed to preserve
and protect natural amenities, such as vegetation, wetlands,
steep slopes, water courses and historic areas.
G. Lot Remnants - All remnants of lots less than minimum
• lot size remaining after the subdivision of a larger tract
10.34
must be added to adjacent lots rather than be allowed to
remain as unusable parcels.
H. Access to Arterial Streets - Where a proposed
subdivision is adjacent to a limited access highway or
arterial street, there shall be no direct vehicular or
pedestrian access from individual lots to such highways or
streets. To accomplish that, right of access shall be
dedicated to the City on the final plat . To the extent
feasible, access to arterial streets shall be at intervals
of not less than one-fourth (1/4) mile and through existing
and established crossroads.
I . Platting of Small Tracts - In the platting of small
tracts of land fronting on arterial streets where there is
no convenient access to existing entrances, and where access
from such plat would be closer than one-fourth (1/4) mile
from an existing access point, a temporary entrance permit
may be granted. Provision shall be made in such plats for
the connection of roads to neighboring land. As the
neighboring land is platted and developed, and access
becomes possible at a preferred location, such temporary
entrance permits shall become void, at the discretion of the
City Council.
• J. Double Frontage Lots - Double frontage lots with
frontage on two (2) parallel streets or reverse frontage
shall not be permitted except where lots back on an arterial
or collector street. Such lots shall have an additional
depth of at least ten (10) feet to accommodate vegetative
screening along the back lot line. A landscape easement may
be required to be recorded with the County against these
lots along with the recording of the final plat .
K. Butt Lots - Shall be platted at least 10' wider than
minimum for that zoning district.
6 . Sewage Disposal .
A. In areas being platted without public or central sewage
systems, construction, location, design and inspection of
all individual sewage treatment systems within the City
shall be in accordance with Minnesota Pollution Control
Agency Individual Sewage Treatment Systems Standards,
Chapter 7080 et . seq. (hereinafter and heretofore referred
to as Chapter 7080) , as amended from time to time, which
standards are hereby adopted by reference and made a part
• hereof as fully as though set forth herein in full, three
(3) copies of which are on file with the City Clerk.
10.35
. B. In addition thereto, the following appendix to Chapter
7080 is hereby adopted by reference and made a part hereof
as fully as though set forth in full, a copy being on file
with the City Clerk:
i . Appendix A: Alternative Systems.
7. Tree Removal and Conservation of Vegetation. All
subdivisions shall be planned, designed, constructed and
maintained consistent with the following, at the City' s
discretion:
A. Existing healthy trees and native vegetation on the
site shall be preserved to the maximum extent feasible and
shall be protected by adequate means during construction.
B. Where inadequate vegetation exists on land not being
disturbed for development, permanent vegetation shall be
established as soon as possible.
C. Following construction, vegetation suitable to the
site shall be planted. The type or species of tree planted
shall be approved by the city. Trees with root structures
that are less likely to interfere with utility lines or
sidewalks, or cause other nuisance damage are preferable.
Trees shall have a trunk diameter (measured twelve (12)
inches above ground level) of not less than two (2) inches,
and shall be planted in not less than one (1) cubic yard of
good growing soil with a suitable amount of fertilizer.
Approved multiple varieties shall be used alternately.
Trees shall be planted at intervals of at least one every
sixty (60) feet and at a distance of at least six (6) feet
outside of the road Right-of-Way. No tree shall be planted
within the road Right-of-Way.
D. Consistent with approved grading plans, existing trees
shall be preserved within any Right-of-Way when such trees
are suitably located and in good health.
E. No slash, dead trees, or uprooted stumps shall remain
after development .
8 . Erosion and Sediment Control. The following guidelines
shall be applied in the subdivision and development of land
areas, at the City' s discretion:
• A. The development shall conform to the topography and
soils so as to create the least potential for soil erosion.
M36
. B. Erosion and sediment control measures shall be
coordinated with the different stages of development .
Appropriate control measures shall be installed prior to
development when necessary to control erosion.
C. The smallest practical increment of land shall be
exposed at any one time during development.
D. When soil is exposed, the exposure shall be for the
shortest feasible period of time, but not longer than sixty
(60) days.
E. Where the topsoil is removed, sufficient aerable soil
shall' be set aside for respreading over the developed area.
The soil shall be restored to a depth of four (4) inches and
shall be of a quality at least equal to the soil quality
prior to development.
F. Critical erosion areas exposed during construction
shall be protected with temporary vegetation, mulching or
other acceptable means .
G. Sediment basins (debris basins, desilting basins, or
• silt traps) shall be installed and maintained to remove
sediment from runoff waters from land subject to earth
disturbance activities .
H. Diversions shall be installed to divert surface water
runoff from slopes of ten percent (10%) or steeper.
I . Provisions shall be made to effectively accommodate
increased runoff from slopes of ten percent (10%) or
steeper.
J. Cut and fill slopes shall not be steeper than three
feet horizontal to one foot vertical (3 : 1) unless stabilized
by a retaining wall, rip-rap, or other acceptable means .
K. During grading operations, necessary measures for dust
control, as required by the City, shall be implemented.
9 . Drainage. The natural drainage system shall be used to the
maximum extent feasible for the storage and flow of runoff.
The design of the drainage system shall conform to the City' s
overall storm water management plan. The following
requirements shall also apply:
111
10.37
A. Proposed drainage facilities shall have adequate
• capacity to accommodate potential runoff from their entire
upstream drainage area, whether within or without the
subdivision. The effect of the subdivision on existing
downstream drainage areas outside the subdivision shall be
considered in evaluating the adequacy of the storm water
management plan.
B. Storm water runoff shall be discharged to marsh lands,
swamps, retention basins or other treatment facilities.
Marsh lands and swamps used for storm water shall provide
for natural or artificial water level control .
C. No existing ditch, stream, drain or drainage canal
shall be deepened, widened, rerouted or filled without
review and approval by the City.
D. Where artificial channels must be constructed to
augment the natural drainage system, such channels as well
as the natural drainage ways may be planned as part of a
recreational trail system. Channels shall be designed to be
aesthetically compatible for recreational trail use.
E. Quality of storm water runoff and water infiltrated to
• the water table shall remain undisturbed, to the maximum
extent feasible, by development of the subdivision.
F. The drainage system shall be constructed and
operational as part of the first stage of development and
construction.
G. All existing and proposed drainage facilities shall be
located within the drainage and utility easement.
•
10.38
4
• 1008.16 - EASEMENTS
All easements shall be dedicated by appropriate language on the
plat as required by Law and in accordance with the following:
1. Drainage and Utility. Easements at least ten (10) feet wide,
centered on rear and other lot lines and (10' ) ten feet wide
along front lot lines, shall be provided. All easements along
the plat boundary shall be (10' ) ten feet wide or a minimum of
(5' ) five feet wide if abutting on existing drainage and utility
easement on the adjacent property, 10' along the Right-of-Way.
Easements shall have continuity of alignment from block to block.
No fences, driveways, paved surfaces, other structures, or
plantings other than grass can be placed in a utility easement
where it will interfere with the maintenance of said utilities
unless approved by the City. If removal of a fence, other
structure, or planting is necessitated for maintenance of
utilities, the cost of removal and replacement is the
responsibility of the affected property owner.
2 . Drainage. Easements shall be provided along each side of
the centerline of any water course or drainage channel, whether
or not shown in the Comprehensive Development Plan, to a width
• sufficient to provide proper maintenance and for storm water
runoff for designed storm event determined by the City but shall
not be less than twenty (20) feet in width.
3 . Utility. Easements shall be provided along lot lines or
across property to accommodate the extension and maintenance of
utility lines . Easement width is typically (10) feet, however,
may vary depending upon the type of utility the easement is to
serve.
4 . Protection of Natural water Bodies and Wetlands . Where any
plat, replat or subdivision of land adjoins a natural lake, pond
or stream, including streams which flow only intermittently, the
City, in its discretion, may require that a strip of land running
along all sides thereof which are contiguous to such lake, pond
or stream, shall be either (i) dedicated to the City for public
use, or (ii) subject to a perpetual easement in favor of the City
over and in said land and the bed and water body of such lake,
pond, or stream for the purpose of protecting the hydraulic
efficiency and the natural character and beauty of such lake,
pond, or stream. The Planning Commission shall determine which
of these options is more appropriate and shall recommend to the
City Council one of said options . In either case, there shall
• also then be granted to the City the right of ingress to and
egress from the said strip of land with men, equipment and
materials. Where the easement is determined to be in the best
• interests of the City, said easement shall also provide that the
owners of the areas as to which said easement is granted shall
not make, do, or place any fill, grading, improvement or
development of any kind on or to such easement area, or raise the
level of the easement area in any way, but all such right to
fill, grade, improve and develop, and to raise the level of the
easement area shall be granted by said easement to the City.
1008.18 - DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR
PUBLIC PURPOSE
1 . In every plat, replat, or subdivision of land to be
developed for residential, commercial, industrial, or other use,
or as a planned development which includes residentia and •
commercial uses, or any combination thereof, as general rule, it
is reasonable to require that an amount of land equal in value to
ten percent (100) of the undeveloped land proposed to be
subdivided shall be set aside and dedicated by the tract owner or
owners to the general public as open space for parks,
playgrounds, trails, or public open space; or, at the option of
the City, the tract owner or owners shall contribute to the City
an amount of cash equal to the fair market value of the
undeveloped land otherwise required to be so set aside and
• dedicated, or set aside and dedicate a part of such land and
contribute the balance of such undeveloped land value in cash.
The City Council shall determine the amount to be required by
resolution from time to time. Any monies so paid to the City
shall be placed in a special fund and used only for the
acquisition of land for parks, playgrounds, trails, public open
space; development of existing parks and playground sites, and
debt retirement in connection with land previously acquired for
such public purpose. For purposes of this Ordinance, "fair
market value of the undeveloped land" is defined as the fair
market value of the land within such plat, replat, or subdivision
as of the date the plat, replat, or subdivision is presented to
the City Council for approval of the final plat, as determined by
the City Assessor in the same manner as he determines the fair
market value of land for tax purposes.
2 . In addition, in every plat, replat, or subdivision of land
to be developed for residential, commercial, industrial, or other
use, or as a planned unit development, the land required for
public streets, storm water holding ponds and wetlands shall be
set aside and dedicated by the owners to the City.
1008 .20 - MAINTENANCE OF COMMON OPEN SPACE: OPERATING AND
MAINTENANCE REQUIREMENTS FOR RESIDENTIAL SUBDIVISION COMMON OPEN
SPACE FACILITIES
•
10.41
s:document:ord inance:100816
Where certain land areas or structures are provided within the
• subdivision for private recreational use or as common service
facilities, the owner of such land and buildings shall enter into
an agreement with the city to assure their continued operation
and maintenance to a predetermined reasonable standard. These
common areas may be placed under the ownership of one of the
following depending upon which is more appropriate in the
discretion of the City:
1 . Dedicated to the public where a community-wide use would be
anticipated; or
2 . Subdivider' s ownership and control; or
3 . Landowners (Homeowners) Association ownership and control,
provided all of the following conditions are met;
A. The Landowners (Homeowners) Association must be
established prior to the sale of any lot;
B. Membership must be mandatory for each owner and any
successor in interest;
C. The open space restrictions must be in perpetuity and
• not for a specified term of years;
D. The Association must be responsible for liability
insurance, local taxes, and the maintenance of residential
and other facilities;
E. Landowners (Homeowners) must pay their pro rata share
of associated costs and the assessment levied by the
Association shall become a lien on the property in
accordance with the Law; and
F. The Association must be able to adjust the assessment
to meet changed circumstances and needs .
.1008 .22 - IMPROVEMENTS REQUIRED
1 . Improvements Listed and Described. Prior to the recording
of a final plat approved by the City Council as the Platting
Authority under the Law, the subdivider shall have agreed in the
manner set forth in this Section 1008 . 22 to cause the following
improvements to be installed in conformity with construction
plans approved by the City Engineer and in conformity with all
• applicable standards and ordinances of the City.
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A. Survey Monuments - All subdivision boundary corners,
• block and lot corners, road intersection corners and points
of tangency and curvature shall be marked with durable iron
of steel survey monuments meeting the minimum requirements
of state law. All U.S. State, county, and other official
benchmark monuments or triangulation station in or adjacent
to the property shall be preserved in position unless a
relocation is approved by the controlling agency. At the
end of construction all monuments shall be in place.
B. Streets and Alleys - The full width of the Right-of-Way
of each street and alley be dedicated on the plat and shall
be graded as required. All streets and alleys shall have an
adequate sub-base and shall be improved with an all-weather
permanent surface in accordance with the design standards
specified by the City. These may vary according to the type
of street .
C. Concrete Curb and Gutter - Concrete curb and gutter
shall be required for all paved streets within the urban
service area. Concrete curb and gutter may also be required
by the City Council on rural streets if it is determined the
curb is necessary for drainage or other related purposes .
• D. Sidewalks - Sidewalks may be required along one or both
sides of all arterial and collector streets in residential,
commercial and industrial areas or within a subdivision
when it is determined by the City Council that a sidewalk
will benefit pedestrian circulation.
E. Water Supply -Subdivisions within the urban service
area shall be connected to the public water supply system.
The public water supply system shall be designed in
accordance with City standards .
F. Sewage Disposal -
i . Subdivisions within the urban service area shall
be connected to the public sewage system and services must
be provided to all lots . Sanitary sewer mains and service
connections shall be installed to serve all the lots in the
subdivision and shall be connected to the public sewage
system.
G. Drainage - A system that will adequately accommodate
the surface water runoff within the subdivision, as required
by this Ordinance, and comply with the City' s comprehensive
• drainage plan. .
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H. Signage - Street signs of standard design approved by
• the City shall be installed at each street intersection.
All other necessary signage as required by the City and made
part of improvement plans shall be provided.
I . Street Lighting - Street lighting of a type approved by
the City may be required at all intersections and other
locations within the subdivision.
J. Public and Private Utility Lines - When practical and
feasible, all utility lines for new subdivisions shall be
installed underground.
K. Front Yard Trees - Following construction, vegetation
consistent with the surrounding area and suitable to the
site shall be planted. The type or species of tree planted
shall be approved by the city. Trees with root structures
that are less likely to interfere with utility lines or
sidewalks, or cause other nuisance damage are preferable.
Trees shall have a trunk diameter (measured twelve (12)
inches above ground level) of not less than two (2) inches,
and shall be planted in not less than one (1) cubic yard of
good growing soil with a suitable amount of fertilizer.
Approved multiple varieties shall be used alternately.
• Trees shall be planted at intervals of at least one every
sixty (60) feet and at a distance of at least six (6) feet
outside of the road Right-of-Way. No tree shall be plantad
within the road Right-of-Way.
2 . Responsibility for Improvements; Subdivision Financing
Agreements - Subsequent to approval of the final plat and prior
to recording of the final plat, the Developer shall enter into a
Development Agreement with the City for the installation of all
public improvements necessary for the subdivision. Developer
shall cause all street, water, sewer, drainage and other
improvements required by the City to be completed pursuant to the
Developer Agreement .
A. All public improvements shall be installed by the
Developer unless the City has required, or specifically
agreed in the Developer Agreement, that the City shall
install one or more of the improvements . City shall have
the right to require that certain improvements be installed
by the City, or to decline to install any one or all of the
required improvements .
• B. Developer shall install and complete all developer
installed improvements at his own expense under the
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s:document:ord in ance:100816
supervision and inspection of the City, pursuant to such
• terms as the City shall require in the Developer Agreement .
Developer shall reimburse City for all of its costs
supervising the installation of developer installed
improvements. In addition, the developer shall deposit with
the City cash, a letter of credit or such other financial
guarantee acceptable to the City in an amount equal to the
estimated total cost of installing the improvements.
C. City will install and complete those improvements
which the City has agreed to install, pursuant to the terms
of the Developer Agreement. Developer shall be responsible
for the City' s entire cost of installing the improvements,
unless otherwise provided by the Developer Agreement.
D. City shall not install any public improvements unless
and until Developer has petitioned the City to install
specific improvements, has agreed to pay the City' s entire
cost of reviewing the preliminary and final plat and
installing the requested improvements, and has deposited
with the City cash, a letter of credit or such other
financial guarantee acceptable to the City in an amount
equal to the estimated total cost of installing the
improvements.
• E. The City' s entire cost of installing public
improvements for the subdivision shall be assessed by the
City to the individual properties within the subdivision in
accordance with the special assessment policies of the City
over such period of time as the City determines, unless the
Developer Agreement provides otherwise. The financial
security required by Section 2 (D) above, shall remain in
place until the entire amount of the assessments has been
paid, but may be reduced from time to time as partial
payments are made.
1008 .24 - VARIANCES
All requests for variances from the provisions of this Ordinance
shall be made and decided in the following manner:
1. The City Council may grant a variance from the strict
requirements of this Ordinance, but only upon finding that an
unusual hardship on the land exists, and specifically that :
A. The hardship is not a mere inconvenience.
• B. The hardship is caused by the particular physical
surroundings, shape or topographical conditions of the land.
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C. The condition or conditions upon which the request for
a variance is based are unique and not generally applicable
to other property.
D. The hardship is caused by this Ordinance and not by any
persons presently having an interest in the land.
E. The granting of a variance will not be substantially
detrimental to the public welfare or to other land or
improvements in the neighborhood of the land, and is in
accord with the general purpose and intent of this
Ordinance.
2 . Variance requests shall be reviewed by the Planning
Commission and acted on by the City Council as part of the
preliminary plat and final plat approvals .
1008 .26 - RESTRICTIONS ON FILING AND RECORDING CONVEYANCES
1 . No conveyance of land to which these subdivision regulations
are applicable shall be filed or recorded if the land is
described in the conveyance:
• A. By metes and bounds .
B. By reference to an unapproved Registered Land Survey
made after April 21, 1961; or
C. By reference to an unapproved plat made after June 24,
1971, if the land is located in the Former Town of Elk
River; or
D. By reference to an unapproved plat made after December
7, 1970, if the land is located in the Former City of Elk
River.
2 . Section 1008 .26 (1) shall not apply to a conveyance if the
land described:
A. Is located in the Former Town of Elk River and was a
separate parcel of record on June 24, 1971; or
B. Is located in the Former City of Elk River and was a
separate parcel of record on December 7, 1980; or
C. Is located in the Former Town of Elk River and was the
410
subject of a written agreement to convey entered into prior
to June 24, 1971; or
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• D. Is located in the Former City of Elk River and was the
subject of a written agreement to convey entered into prior
to December 7, 1970; or
E. Was a separate parcel no less than two and one-half
(21/2) acres and one-hundred fifty (150) feet in width on
January 1, 1966; or
F. Was a separate parcel of not less than five (5) acres
in area and three hundred (300) feet in width on July 1,
1980; or
G. Was a single parcel of commercial or industrial land of
not less than five (5) acres and having a width of not less
than three-hundred (300) feet and its conveyance does not
result in the separation or division of the parcel into two
(2) or more lots or parcels, any one of which is less than
five (5) acres or three-hundred (300) feet in width; or
H. Is a single parcel of residential or agricultural land
of not less than twenty (20) acres and having a width of not
less than five-hundred (500) feet and its conveyance does
not result in the division of the parcel into two or more
• lots or parcels, any one of which is less than twenty (20)
acres in area or five-hundred (500) feet in width.
3 . In any case in which compliance with the foregoing
restrictions will create an unnecessary hardship and failure to
comply does not interfere with the purpose of these subdivision
regulations, the City Council may waive such compliance by
adoption of a resolution to that effect and the conveyance may
then be filed or recorded.
4 . Any owner or agent of the owner of land who conveys a lot or
a parcel in violation of the provisions of this Section 1008 .26
shall forfeit and pay to the City a penalty of not less than
One-Hundred Dollars ($100 . 00) for each parcel so conveyed. The
City may enjoin such conveyance or may recover such penalty by a
civil action in any court of competent jurisdiction.
1008 .28 - REGISTERED LAND SURVEYS
All registered land surveys in the City shall be presented to the
City in the form of a preliminary plat in accordance with the
standards set forth in this Ordinance. Tracts to be used as
easements or roads shall be designated thereon. As to Registered
• Land Surveys containing two or fewer tracts, Administrative
Subdivision Review Committee and City Council approval of the
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arrangement, size and relationship of the proposed tracts, in
• accordance with standards and procedures for review of
administrative subdivisions as heretofore described, shall be
required. As to Registered Land Surveys containing more than two
tracts, Planning Commission and City Council approval of the
arrangement, size and relationship of the proposed tracts, in
accordance with standards and procedures for review of standard
subdivisions as heretofore described, shall be required. Absent
such required approvals, as herein provided, building permits on
the proposed tracts shall be withheld, tracts conveyed to the
City for streets or roads shall not be accepted and no public
monies shall be expended for the installation of utilities or
improvements for any such tracts .
1008 .30 - BUILDING PERMITS
No building permits will be issued by the City for the
construction of any building, structure or improvement to the
land or any lot in a subdivision, as defined herein, until there
has been full compliance with all the provisions of this
Ordinance.
1008 .32 - AMENDMENTS
411 This Ordinance may be amended by the City in accordance with the
provisions of the Law.
1008.34 - VIOLATIONS AND PENALTIES
Any person, partnership, corporation or agency that violates any
of the provisions of this Ordinance shall be guilty of a
misdemeanor, punishable by a fine of not more than Five Hundred
Dollars ($500 . 00) or by imprisonment for a period not to exceed
ninety (90) days, or both, and in addition shall pay all costs of
prosecution and expenses involved in the case. The City may
withhold, revoke or deny any permits, approvals or any action
required of it if there is a violation of this Ordinance. Each
week during which violation exists shall constitute a separate
violation. The City or any person or agency who suffers damage,
or is likely to suffer damage, because of a violation of this
Ordinance may apply to the District Court within and for
Sherburne County, Minnesota, for injunctive relief to enjoin a
violation or threatened violation of this Ordinance.
•
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