Ordinance 033• VILLAGE OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO -33
AN ORDINANCE ESTABLISHING THE VILLAGE COUNCIL AS THE PLATTING
is AUTHORITY OF THE VILLAGE, ESTABLISHING REGULATIONS AND PROCEDURES
FOR THE SUBDIVISION AND PLATTING OF LAND WITHIN THE VILLAGE, AND
PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
THE COUNCIL OF THE VILLAGE OF CHANHASSEN ORDAINS.
SECTION 1. SHORT TITLE.
This ordinance shall be known as the "Subdivision
Ordinance of the Village of Chanhassen", and will be referred
to herein as "this ordinance".
SECTION 2. INTERPRETATION AND SCOPE.
All land subdivision within the Village of Chanhassen
. shall equal or exceed the standards set forth in this ordinance.
The standards established by this ordinance are not intended to
repeal, abrogate, annul or impair private agreements or restrictive
covenants running with the land which are equal to or more
restrictive than the standards hereby established, except that
the most restrictive shall apply.
SECTION 3. PLATTING AUTHORITY.
The Village Council shall serve as the Platting Authority
of the Village in accordance with Minnesota Laws of 1965,
Chapter 670 (Minnesota Statute Sec. 462.358). No plat, replat,
subdivision of land or registered land survey shall be filed or
accepted for filing by the Registrar of Titles or Register of
Deeds of Carver or Hennepin Counties unless it is accompanied
by a certified copy of a resolution adopted by the affirmative
vote of a majority of the members of the Village Council approving
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such plat, replat, subdivision of land or registered land survey.
• SECTION 4. DEFINITIONS.
For the purpose of this ordinance, certain words and
terms are hereby defined as follows:
ALLEY is a public right-of-way which affords a secondary
0 means of access to abutting property.
BLOCK is 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 stream or lake.
BOULEVARD is that portion of the street right-of-way
between the curb line and the property line.
BUTT LOT is a lot at the end of a block and located
between two corner lots.
• COMPREHENSIVE VILLAGE PLAN means a compilation of policy
statements, goals, standards, and maps for guiding the physical,
social and economic development, both private and public, of
the Village and its environs.
DESIGN STANDARDS are the specifications to land owners
or subdividers for the preparation of plats, both preliminary and
final, indicating among other things, the optimum, minimum or
maximum dimensions of such items as rights-of-way, blocks,
easements and lots.
EASEMENT is a grant by a property owner for the use
of a portion of land for the purpose of constructing and maintaining
• slopes or grade transitions or utilities, including but not
limited to, electric and telephone lines, sanitary and storm
sewer lines, surface drainage ways and gas lines.
FINAL PLAT is a drawing or map of a subdivision which
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of public or private utilities including, but not limited to,
potable water, sanitary sewer systems, storm sewers, roads and
other thoroughfares, sidewalks, curbs and gutters, paving,
barricades, trees and other plantings, lighting, fuel or energy
and the transmission thereof, transportation systems or facilities
connected therewith and communication systems which are necessary,
desirable or convenient in the maintenance of the health, safety
and the general welfare.
LOT is a parcel of land delineated upon and thereafter
• described by reference to a plat, registered land survey or
auditor's subdivision, or other similar recorded dedicatory
document.
OPEN SPACE is an area set aside for the preservation
of natural open spaces to counteract the effects of urban
congestion and monotony.
OWNER is any person, firm or corporation, or any other
legal entity, or a combination of any of them, having sufficient
legal proprietary interest in the land sought to be subdivided
to commence and maintain proceedings to subdivide the same
• under this ordinance.
PARKS AND PLAYGROUNDS are public lands and open space
in the Village of Chanhassen dedicated for and usable for
recreation purposes.
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meets all of the requirements of the
Village and
is in such form
as meets the requirements under the
state law for
purposes of
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recording.
GRADE, SLOPE OR GRADIENT means
the vertical
rise or
drop from any fixed horizontal line
or point.
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IMPROVEMENTS means the construction
or
installation
of public or private utilities including, but not limited to,
potable water, sanitary sewer systems, storm sewers, roads and
other thoroughfares, sidewalks, curbs and gutters, paving,
barricades, trees and other plantings, lighting, fuel or energy
and the transmission thereof, transportation systems or facilities
connected therewith and communication systems which are necessary,
desirable or convenient in the maintenance of the health, safety
and the general welfare.
LOT is a parcel of land delineated upon and thereafter
• described by reference to a plat, registered land survey or
auditor's subdivision, or other similar recorded dedicatory
document.
OPEN SPACE is an area set aside for the preservation
of natural open spaces to counteract the effects of urban
congestion and monotony.
OWNER is any person, firm or corporation, or any other
legal entity, or a combination of any of them, having sufficient
legal proprietary interest in the land sought to be subdivided
to commence and maintain proceedings to subdivide the same
• under this ordinance.
PARKS AND PLAYGROUNDS are public lands and open space
in the Village of Chanhassen dedicated for and usable for
recreation purposes.
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PEDESTRIAN WAY is a public or private right-of-way
within or across a block to provide access for pedestrians and
which may be used for utilities.
PLANNING COMMISSION is the Planning Commission of the
Village of Chanhassen.
• PRELIMINARY PLAT is the tentative drawing or chart
indicating the proposed layout of the subdivision to be submitted
hereunder in compliance with the Comprehensive Village Plan and
these regulations including required supporting data.
PROTECTIVE COVENANTS are contracts made between private
parties as to the manner in which land may be used, with the
view to protecting and preserving the physical and economic
integrity of a given area.
REQUIRED PUBLIC IMPROVEMENTS are defined as those
improvements in any proposed subdivision, including streets,
water and sewer systems and storm water drainage systems, which
are required in connection with the approval of any plat or
other subdivision.
RIGHT-OF-WAY is the area within the limits of a street,
alley, pedestrian way, thoroughfare or easement.
STREETS:
1. STREET is a public right-of-way affording
primary access by pedestrians and vehicles
abutting ptophrties whether designated as
a street, highway, thoroughfare, parkway,
road, avenue, or however otherwise designated.
2. COLLECTOR STREET is a street which carries
• traffic from minor streets to thoroughfares.
It includes the principal entrance streets
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of a residential development and streets
• for circulation within such a development.
3. CUL-DE-SAC is a street with only one
outlet and having an appropriate terminal
for the safe and convenient reversal of
• traffic movement.
4. MINOR STREET is a street used primarily for
access to the abutting properties and the
local needs of a neighborhood.
5. SERVICE STREET, LANE OR ROAD is a street
which is adjacent to a thoroughfare and
which provides access to abutting properties
and protection from through traffic.
6. STREET WIDTH is the shortest distance between
the lot lines delineating the right-of-way
of a street.
7. THOROUGHFARE is a street primarily designed
to carry large volumes of traffic and serves
as an arterial traffic way between various
districts of the Village.
SUBDIVIDER is any person, firm or corporation having
sufficient proprietary interest in land in order to subdivide
the same under this ordinance.
SUBDIVISION is the division of a tract of land into
two or more lots or parcels of land for the purpose of transfer
of ownership or building development. The term includes resubdivision
and, when appropriate to the context, shall relate to the process
of subdividing or to the land subdivided.
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SEC 5. SKETCH PLAN.
Subdividers may prepare a subdivision sketch plan for
review by the Planning Commission. Such sketch plan will be
considered as having been submitted for informal discussion
between the subdivider and the Planning Commission. No fee_
• shall be required of the subdivider for the submission of a
sketch plan.
Submission of a subdivision sketch plan shall not
constitute formal filing of a plan with the Village. On the
basis of the subdivision sketch plan, the Planning Commission
may informally advise the subdivider of the extent to which
the plan conforms to the Comprehensive Village Plan, design
standards of this ordinance and to the other ordinances of
the Village, and may discuss possible modification necessary to
secure approval of the plan.
SECTION 6. PRELIMINARY PLAT.
6.01 Procedure. Prior to dividing any tract of land
into two or more lots or parcels of land, the following procedures
shall be followed:
a. The subdivider shall file 10 copies of the
preliminary plat with the Village Clerk at least 14 calendar
days before the next regular monthly meeting of the Planning
Commission at which meeting said plat shall be considered.
b. At the time of the filing of the preliminary
plat, the subdivider shall pay to the Village a fee of $25.00 for
plats involving residential lots only, a fee of $50.00 for plats
• involving other than residential lots, plus $5.00 for each acre of
land in all preliminary plats. The foregoing fees shall be used
to defray the administration expense of the Village in connection
with the review of said plat. Village expense incurred in employing
the servi f t# Village Engineer, Villa9 Attor and
other professional consultants in connection with the review of
0 said plat shall be reimbursed to the Village by the subdivider.
c. The Village Clerk shall refer 7 copies of the
preliminary plat to the Planning Commission and one copy to the
• Village Engineer.
d. The Village Engineer shall submit a written
report to the Planning Commission, which shall deal with drainage,
street and other engineering matters pertinent to said preliminary
plat. Said report shall be submitted to the Planning Commission
at least seven days prior to the public hearing prescribed by
newspaper of the Village at least ten days before the day of the
hearing. The subdivider shall furnish the Village Clerk with the
names and mailing addresses of the owners of all lands within
200 feet of the boundaries of the preliminary plat, and the Clerk
shall give mailed notice of said hearing to said owners at least
10 days prior to the day of said hearing. The cost of publication
of said notice shall be paid by the subdivider in addition to
the other fees to be paid hereunder.
f. The Planning Commission shall conduct the hearing
on the preliminary plat and shall make its report to the Village
• Council within 10 days after said hearing. It shall be the duty
of the Planning Commission to determine whether the preliminary
plat is compatible with the Comprehensive Village
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the following subsection.
e. The Planning Commission shall hold
a public
hearing on the preliminary plat within thirty days
after said c.
preliminary plat is filed with the
Village Clerk.
At said hearing
all persons interested in the plat
shall be heard.
Notice of the
time and place of said hearing and
the full legal
description of
the area to be subdivided shall be
published once
in the official
newspaper of the Village at least ten days before the day of the
hearing. The subdivider shall furnish the Village Clerk with the
names and mailing addresses of the owners of all lands within
200 feet of the boundaries of the preliminary plat, and the Clerk
shall give mailed notice of said hearing to said owners at least
10 days prior to the day of said hearing. The cost of publication
of said notice shall be paid by the subdivider in addition to
the other fees to be paid hereunder.
f. The Planning Commission shall conduct the hearing
on the preliminary plat and shall make its report to the Village
• Council within 10 days after said hearing. It shall be the duty
of the Planning Commission to determine whether the preliminary
plat is compatible with the Comprehensive Village
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by this ordinance. The decision of the Planning Commission with
regard thereto, together with its recommendations, shall be
included in its report to the Village Council.
g. After the Village Council receives the report
• of the Planning Commission the Council shall act to approve or
disapprove the preliminary plat. If the Council shall disapprove
said plat, the grounds for any such disapproval shall be set
forth in the proceedings of the Council and reported to the
subdivider within seven days.thereafter.
h. Approval of a preliminary plat by the Village
Council is tentative only, subject to the compliance with all
requirements and recommendations as a basis for preparation
of the final plat.
i. At the time of the filing of the preliminary
• plat the subdivider of the land covered by the plat shall submit
to the Village Clerk a petition for rezoning to the proposed
future use of said land if the land is not already so zoned.
The owner of said land shall join in said petition.
j. Subsequent approval by the Village Council
shall be required of all engineering considerations presented
in the preliminary plat which include, but which shall not be
limited to easements, water supply, sewage disposal, storm
drainage, surface water storage, gas and electric services, road
gradients and widths, and the durfacing of streets, prior to the
• approval of the final plat by the Village Council.
k. The Village Council shall act on the preliminary
*' plat within 60 days of the date on which it was filed with the
Village Clerk. If the report of the Planning Commission has not
Plan and conforms with
or exceeds the design standards
established
by this ordinance. The decision of the Planning Commission with
regard thereto, together with its recommendations, shall be
included in its report to the Village Council.
g. After the Village Council receives the report
• of the Planning Commission the Council shall act to approve or
disapprove the preliminary plat. If the Council shall disapprove
said plat, the grounds for any such disapproval shall be set
forth in the proceedings of the Council and reported to the
subdivider within seven days.thereafter.
h. Approval of a preliminary plat by the Village
Council is tentative only, subject to the compliance with all
requirements and recommendations as a basis for preparation
of the final plat.
i. At the time of the filing of the preliminary
• plat the subdivider of the land covered by the plat shall submit
to the Village Clerk a petition for rezoning to the proposed
future use of said land if the land is not already so zoned.
The owner of said land shall join in said petition.
j. Subsequent approval by the Village Council
shall be required of all engineering considerations presented
in the preliminary plat which include, but which shall not be
limited to easements, water supply, sewage disposal, storm
drainage, surface water storage, gas and electric services, road
gradients and widths, and the durfacing of streets, prior to the
• approval of the final plat by the Village Council.
k. The Village Council shall act on the preliminary
*' plat within 60 days of the date on which it was filed with the
Village Clerk. If the report of the Planning Commission has not
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been received within said period, the Council shall act without
such report.
SECTION 7. REQUIRED PRELIMINARY PLAT DATA.
It shall be a condition to the acceptance of a preliminary
• plat for filing with the Village Clerk that said plat shall
include the data required hereunder.
7.01 Identification and Description.
a. Proposed name of subdivision, which name shall
not duplicate nor be alike in pronunciation to the name of any
plat theretofore recorded in the county wherein said land is
situated.
in said plat.
b. Full legal description of the land involved
C. Names and addresses of the owner and subdivider
of the land, and the designer and surveyor of said plat. If
the subdivider is not the fee owner of the land, the subdivider
shall submit the written consent of the fee owner to the filing
of the preliminary plat.
d. Graphic scale of not more than one inch to
one hundred feet.
e. North point, designated as true north.
f. Date of preparation.
g. Certification by registered surveyor certifying
to accuracy of survey.
7.02 Existing Conditions.
• a. Boundary line survey, including measured
distances and angles, which shall be tied into the nearest quarter
section or section line by traverse.
b. Total acreage.
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land in and abutting the preliminary plat.
d. Location and names of existing or platted
streets and other public ways, parks and public open spaces,
permanent buildings and structures, easements, and section and
• municipal boundary lines within the plat and to a distance of
100 feet beyond.
e. If the preliminary plat is a re -arrangement
or a re -plat of any recorded plat, the lot and block arrangement
of the original plat, its original name, and all revised or
vacated roadways shall be shown by dotted or dashed lines.
f. Location and width of existing streets
including type of surfacing, railroads, sanitary sewers, water
mains, storm sewers, culverts, grades, invert elevations and
0 locations of catch basins, manholes and hydrants and any under -
0 ground facilities with the plat and to a distance of 100 feet
beyond shall be shown.
g. Boundary lines of land within 100 feet of
the tract of land within the plat, and the name of the owner
thereof, but including all contiguous land owned or controlled
by the subdivider or owner of the tract proposed to be platted.
h. Topographic data, including contours at
vertical intervals of not more than two feet, except that where
the horizontal contour interval is 100 feet or more, a one foot
vertical interval shall be shown. Water courses, lakes, marshes,
• wooded areas, rock outcrops and other significant physical
features shall be shown. U. S. Geodetic survey data shall be
used for all topographic mapping.
i. A copy of restrictive covenants, if any, on
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C. Existing
zoning classifications
for tract of
land in and abutting the preliminary plat.
d. Location and names of existing or platted
streets and other public ways, parks and public open spaces,
permanent buildings and structures, easements, and section and
• municipal boundary lines within the plat and to a distance of
100 feet beyond.
e. If the preliminary plat is a re -arrangement
or a re -plat of any recorded plat, the lot and block arrangement
of the original plat, its original name, and all revised or
vacated roadways shall be shown by dotted or dashed lines.
f. Location and width of existing streets
including type of surfacing, railroads, sanitary sewers, water
mains, storm sewers, culverts, grades, invert elevations and
0 locations of catch basins, manholes and hydrants and any under -
0 ground facilities with the plat and to a distance of 100 feet
beyond shall be shown.
g. Boundary lines of land within 100 feet of
the tract of land within the plat, and the name of the owner
thereof, but including all contiguous land owned or controlled
by the subdivider or owner of the tract proposed to be platted.
h. Topographic data, including contours at
vertical intervals of not more than two feet, except that where
the horizontal contour interval is 100 feet or more, a one foot
vertical interval shall be shown. Water courses, lakes, marshes,
• wooded areas, rock outcrops and other significant physical
features shall be shown. U. S. Geodetic survey data shall be
used for all topographic mapping.
i. A copy of restrictive covenants, if any, on
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all abutting land shall be filed with the preliminary plat.
j. Such other data, including soil tests, as
may be requested by the Village Engineer.
7.03 Design Features.
a. Layout of proposed streets, showing right-
of-way widths and proposed names of streets. The name of any
street heretofore used in the Village or its environs shall not
be used, unless the proposed street is an extension of an already
named street, in which event said name shall be used.
b. Locations and widths of alleys, pedestrian
ways and utility easements.
C. Profiles of existing and proposed centerline
grades of streets, alleys, sanitary sewers, water mains, storm
sewers, drainage ditches and culverts.
d. Layouts of lots and blocks with numbers of
each, square footage of lots and lot dimensions scaled to the
nearest tenth of a foot.
e. Areas, other than streets, pedestrian ways
and utility easements, intended to be dedicated or reserved for
public use, including the size of such areas.
f. Minimum front and side yard building setback
lines as required by the ordinances of the Village.
g. Proposed method of disposing of surface water
drainage within and beyond the limits of the plat.
h. Whenever a portion of a tract of land is
proposed for subdividing and said tract is large enough or is
intended for future enlargement, a tentative plan for the future
subdivision of the entire tract shall be submitted to the
Planning Commission.
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7.04 Additional Information to be Furnished:
a. Statement of proposed use of lots, i.e.,
whether residential, commercial, industrial or combination
thereof. If residential, state type and number of dwelling units.
Furnish sufficient details for all types of usage in order to
reveal the effect of the subdivision development on traffic,
fire protection and density of population.
b. Source of water supply.
c. Facilities for sewage disposal.
d. If zoning changes are contemplated, the
proposed zoning plan for the area.
e. In areas affected by inadequate surface
drainage or subjected to periodic flooding, furnish proposals
designed to make area safe for occupancy and to provide for
adequate street and lot drainage.
f. Proposals for street lighting, curb, gutter,
sidewalksaarid boulevard improvements.
g. Such other information as shall be requested
by the Planning Commission or Village Engineer.
SECTION 8. SUBDIVISION DESIGN STANDARDS.
8.01 General Requirements:
a. The Planning Commission in its review of a
preliminary plat shall determine whether the proposed subdivision
is in conformity with the Comprehensive Village Plan, and shall
take into consideration the requirements of the community and
the best use of the land. Particular attention shall be given to
the arrangement, location and widths of streets, drainage and
lot sizes and arrangements.
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b. The
preliminary plat shall
cover all of the
. owner's contiguous land, but the final plat may cover only a
portion of the preliminary plat provided it is in conformity with
an approved preliminary plat.
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c. Where the parcel of land is subdivided into
tracts larger than required for building lots, such tracts shall
be divided so as to allow for the opening of streets and ultimate
extensiori.of adjacent streets.
d. Subdivisions indicating unplatted portions
of land or private easements controlling access to public ways
shall not be approved.
8.02 Street Plan.
a. The arrangement, character, extent, width,
grade and location of all streets shall conform to the Comprehensive
Village Plan, the approved standard street specifications, and
all applicable ordinances, and all streets shall be considered
in their relation to existing and planned streets, to reasonable
circulation of traffic, to topographical convenience and safety,
and in their appropriate relation to the proposed uses of the
area to be served.
b. The arrangement of streets in new subdivisions
shall make provision for the continuation of existing and
future streets in adjoining areas.
C. No preliminary plat shall be approved wherein
lots abut on the right-of-way of state or major county or
• Village roads. Such lots may abut on service roads with entrances
to state or major county or Village roads at intervals of not
less than 1,000 feet.
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Streets.
a. Widths. All
right-of-way and
roadway widths
shall conform to the following
minimum dimensions:
Classification
Right of Way
Roadway
Thoroughfare
100 feet
26 feet divided
Collector
80 feet
36 feet
• Minor
50 feet
28 feet
Cul-de-sac
60 feet radius
40 feet radius
Service
40 feet
24 feet
Different widths may be required depending upon anticipated traffic
volume, planned function of street and character of abutting land
use.
b. Deflections. Where horizontal street lines
deflect from each other at any point more than 10 degrees, said
street lines shall be connected by a curve with a radius of not
less than 100 feet for minor and collector streets and of such
greater radii in the case of other streets as the Planning
• Commission may determine.
c. Grades. Street grades shall not exceed 7%
for minor and collector streets and 4% for thoroughfares, and
in no case shall they be less than 0.5%. Wherever feasible,
grades within 30 feet of street intersections shall not exceed 3%.
d. Vertical Curves. Different connecting street
gradients shall be connected with vertical curves. Minimum length,
in feet, of said vertical curves shall be 20 times the algebraic
difference in the percentage of grade of the two adjacent slopes.
e. Street Jogs. Street jogs in minor and service
• streets shall have a centerline offset of not less than 150 feet.
Street jogs shall be avoided in all other streets.
• f. Minor Streets. Minor streets shall be so
aligned that their use by through traffic will be discouraged.
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g. Cul-de-sacs. The maximum length of cul-de-
sac streets shall be 500 feet measured along the center line from
the intersection of origin to the end of the right-of-way. Each
cul-de-sac shall have a terminus of nearly circular shape with
• a minimum right-of-way diameter of 120 feet and a minimum
roadway diameter of 80 feet. The property line at the intersection
of the turn around and the straight portion of the street shall
be rounded at a radius of not less than 20 feet.
h. Service Streets. In those instances where a
subdivision abuts or contains an existing or planned thoroughfare
or a railroad right-of-way, the Planning Commission may require
a service street approximately parallel to and on each side of
such right-of-way in order to provide protection to residential
properties and to provide separation of through and local traffic.
. Such service streets shall be located at a suitable distance
. from the thoroughfare or railroad right-of-way in order to
provide for park use of the intervening land in residential
districts, or to provide for commercial or industrial use of
the intervening land in commercial or industrial districts.
The requirements of approach grades and future grade separations
shall be considered in establishing the separation distance
between said service streets and the thoroughfare or railroad
right-of-way.
i. Half Streets. Half streets shall be prohibited
except where essential to the reasonable development of the
• subdivision in conformity with the requirements of this.ordinance,
and where the Planning Commission finds that it will be practicable
to require the dedication of the other half of the street when
the adjoining property is subdivided.
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- j. Reserve Strips. Reserve stripsntrolling
access to streets are prohibited.
k. Private Streets. Private streets shall not
be approved. All proposed streets shown on the plat shall be
offered for dedication as public streets.
• 1. Adjoining Property. Street rights-of-way
shall not be planned so as to cause hardship to owners of
adjoining property.
M. Intersections. The angle formed by the
intersection of streets shall not be less than 60 degrees, with
90 degree intersections preferred. Intersections of more than
four corners are prohibited. Access to a street shall be not
less than 70 feet from an intersection.
n. Boulevard Sodding. Boulevard sodding shall
• be required.
o. Tangent. A tangent of at least 100 feet
in length shall be introduced between reverse curves on thoroughfare
and collector streets, and a tangent of at least 50 feet in
length shall be introduced between reverse curves on all other
streets.
p. Corners. Roadways of street intersections
shall be rounded by a radius of not less than 20 feet. Roadways
of alley -street intersections shall be rounded by a radius of
not less than 10 feet.
8.04 Easements.
a. Utility. Easements at least 12 feet wide,
• centered on rear and side lot lines shall be provided for utilities
required along lot lines to rights-of-way so as to provide for
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where necessary. Utility easements shall
have
continuity of
alignment from block to block and lot to
lot.
Easements may be
required along lot lines to rights-of-way so as to provide for
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street lighting. is
• b. Drainage. Where a subdivision is traversed
by a water course, drainage way or stream, a drainage easement
conforming substantially with the lines of such water course
shall be provided, together with such further width or construction,
• or both, as shall be adequate for storm water drainage of the area.
8.05 Blocks.
a. Length. The maximum length of blocks shall
be 1800 feet. Pedestrian ways at least 10 feet wide may be
required at the approximate center of blocks over 900 feet in
length. Provisions for additional accessways to schools, parks,
and other public grounds may be required.
b. Off-street Areas. Blocks intended for
commercial, industrial, or uses other than single family dwellings
Sshall be so designed to provide adequate off-street areas for
parking, loading, and such other facilities as shall be required
by the Zoning Ordinance of the Village.
C. Width. All blocks shall be so designed to
provide for two tiers of lots unless conditions exist -to render
this requirement undesirable.
8.06 Lots.
a. Minimum Lot Size. The minimum lot area and
dimension shall be as specified in the respective zoning districts
of the Village Zoning Ordinance, and in addition, the following
standards shall apply:
• a(1). Water and Sanitary Sewer Areas. In
areas served by public water and sanitary sewer systems, the
imaximum number of lots to be permitted in a plat shall be computed
by subtracting from the total gross area of the plat the total
dedicated street right-of-way and dividing the area remaining
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after said subtraction by 15,000 to determine the maximum number
• of lots permitted in said plat. In no event shall a lot contain
less than 11,700 square feet nor have a frontage of less than
90 feet at the building set -back line. No lot shall be larger
than twice the average size of lots in said plat.
• a(2). Areas Lacking Water and Sanitary Sewer.
In areas which are not served by public water and sanitary sewer
systems, no lot shall be developed for residential purposes unless
it contains a minimum of 30,000 square feet of land area and has
a frontage of at least 180 feet at the building set -back line.
The plat may show a feasible plan for future re -subdivision by
which lots may be re -subdivided to meet the size and dimension
standards of lots in areas served by public water and sanitary
sewer systems. Any final accepted plat not showing such future
• re -subdivision plan shall not be re -subdivided.
b. Location. All lots shall have at least the
minimum required frontage on a publicly dedicated street.
C. Corner Lots. Corner lots shall be platted
at least 15 feet wider than interior lots.
d. Butt Lots. Butt lots shall be platted at
least 5 feet wider than the average width of interior lots in
the block. The use of butt lots shall be avoided wherever
possible.
e. Water Courses. Lots abutting upon a water
course, drainage way, or stream shall have such additional depth
• or width as may be required to protect house sites from flooding.
f. Double Frontage. Lots with frontage on 2
• parallel streets shall not be permitted except where lots back
on arterial streets or highways. Double frontage lots shall have
IFM
an additio depth for screen planting along the r r lot line.
g. Access to Thoroughfares. In those instances
where a plat is adjacent to a limited access highway or other
major highway or thoroughfare, no direct vehicular access shall
be permitted from individual lots to such highway.
• h. Natural Features. In the subdividing of land,
regard shall be shown for all natural features, including tree
growth, water courses, historic places and similar amenities
of the area, which if preserved will add attractiveness and
stability to the area.
i. Lot Remnants. Lot remnants which are below
minimum lot area or dimension must be added to adjacent or
surrounding lots rather than to be allowed to remain as an
unusable outlot or parcel unless the subdivider can show
• acceptable plans for the future use of such remnants.
0 SECTION 9. CONSTRUCTION OF IMPROVEMENTS.
9.01 General Conditions. Upon receipt of preliminary
approval of a plat by the Village Council and prior to Council
approval of the final plat, the subdivider shall make provision,
in the manner hereinafter set forth, for the installation, at
the sole expense of the subdivider, of such improvements as
shall be required by the Village, which improvements may include,
but are not limited to, streets, sidewalks, public water systems,
sanitary sewer systems, surface and storm drainage systems, and
public utility services. The installation of said improvements
shall be in conformity with Village approved construction plans
• and specifications and all applicable Village standards and.
• ordinances.
9.02 Performance Contract. Prior to the installation
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of any required improvements and prior to Village approval of the
final plat, the subdivider shalleenter into a contract with the
Village which contract shall require the subdivider to construct
said improvements at the sole expense of the subdivider and in
accordance with Village approved construction plans and specifications
• and all applicable Village standards and ordinances. Said
contract shall provide for the supervision of construction by
the Village Engineer; and said contract shall require that the
Village be reimbursed for all costs incurred by the Village for
engineering and legal fees and other expenses in connection with
the making of such improvements. The performance of said contract
shall be financially secured by a cash escrow deposit or performance
bond as hereinafter set forth.
9.03 Financial Security. The performance contract
shall require the subdivider to make a cash escrow deposit or in
lieu thereof to furnish a performance bond in the following amounts
and upon the following conditions:
a. Escrow Deposit. The subdivider shall deposit
with the Village Treasurer a cash amount equal to 110% of the
total cost of such improvements as estimated by the Village
Engineer, including the estimated expense of the Village for
engineering and legal fees and other expenses incurred by the
Village in connection with the making of such improvements.
b. Performance Bond. In lieu of a cash escrow
deposit, the subdivider may furnish a performance bond, with a
• corporate surety satisfactory to the Village, in a penal sum
equal to 110% of the total cost of such improvements as estimated
• by the Village Engineer, including the estimated expense of the
Village for engineering and legal fees and other expenses incurred
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by the Vi e in connection with the making of su 1provements.
C. Conditions. The performance contract shall
• provide for a completion date on which all of the required
improvements shall be fully installed, completed and accepted
by the Village. The completion date shall be determined by
the Village Council after consultation with the Village Engineer
and the subdivider, and shall be reasonable in relation to the
construction to be performed, the seasons of the year and proper
correlation with construction activities in the subdivision.
The performance contract shall provide that in the event the
required improvements are not completed within the time allotted,
the Village shall be allowed to exercise its power to recover
on the performance bond or utilize the escrow deposit to complete
the remaining construction to Village standards and specifications.
In the event the amount of funds recovered is insufficient to
• cover the cost of construction, the Village Council may assess
• the remaining cost to the lands within the subdivision.
9.04 Construction Plans. Construction plans and
specifications for the required improvements conforming in all
respects with the standards and ordinances of the Village shall
be prepared at the expense of the subdivider by a professional
engineer registered by the State of Minnesota. Such plans and
specifications shall be approved by the Village Engineer and shall
become a part of the performance contract. Two prints of said
plans and specifications shall be filed with the Village Clerk.
9.05 Inspection. All required improvements shall be
0 inspected during the course of construction by the Village
• Engineer and acceptance of said improvements by the Village
shall require the prior written certification by the Village
Engineer that said improvements have been constructed in compliance
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with the qpalns and specifications.
9.06 Prior Improvements. Improvements which have been
completed prior to application for final plat approval or execution
of the performance contract shall be accepted as equivalent
improvements provided the Village Engineer shall certify in
• writing that said improvements conform to Village standards.
9.07 Construction by Village. The Village shall have
the right to install such of the required improvements as it
may elect, and upon such terms and conditions as it may deem
appropriate under the circumstances.
9.08 As Built Plans. Upon completion of installation
of all required improvements, the subdivider shall file with
the Village Clerk a tracing and two copies of plans and
specifications showing all improvements as finally constructed
and installed.
. 9.09 Street Improvement Standards.
a. Grading. The full width of the right-of-way
of each street and alley shall be graded, including the subgrade
of the areas to be paved, in accordance with the standards and
specifications established by the Village.
b. Paving. All streets shall be paved with
concrete or bituminous surfacing in accordance with the standards
and specifications established by the Village.
C. Sodding. The portion of the street right-of-
way beyond the paved surface shall be sodded.
• d. Curb and Gutter. Curb and gutter shall be
installed on both sides of the paved surface of all streets.
e. Private Driveways. All private driveways
providing access to public rights-of-way shall approach at grade
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level, S40 be hard surfaced, and if servi• two Fining
lots abutting the public right-of-way shall be of a width
• designated by the Village.
f. Street Signs. Street signs of a design
approved by the Village shall be installed at each street
• intersection.
9.10 Drainage Facilities. Storm sewers, culverts
and water drainage facilities shall be required when in the
opinion of the Village Engineer such facilities are necessary
to insure adequate drainage for the area. All such drainage
facilities shall be constructed in accordance with standards
and specifications established by the Village.
9.11 Subsurface Conditions. The subdivider shall cause
tests to be made of subsurface conditions to determine the nature
and extent of subsurface soil, rock and water. The location and
results of said tests shall be made available to the Village.
• If subsurface conditions exist which in the opinion of the Village
may be detrimental to the health and welfare of the subdivision,
the Village may require the installation of neighborhood sanitary
sewer and water systems to serve the subdivision.
9.12 Village Water and Sanitary Sewer Systems. Where
connection with the Village water and sanitary sewer systems is
feasible, the subdivider shall be required to install water and
sanitary sewer mains in the subdivision and connect the same
with the Village systems.
9.13 Sidewalks and Pedestrian Ways. All sidewalks
• and pedestrian ways required by the Village shall be constructed
. of 4 inch concrete placed on a 4 inch gravel base. Grades shall
be approved by the Village Engineer. Sidewalks shall be placed
in the public right-of-way one foot from the property line and
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shall be a width designated by the Village.
9.14 Public Utilities.
a. Underground Utilities. All telephone, electric
or gas service lines shall be placed underground within dedicated
public ways or recorded easements in such manner as not to conflict
• with other underground services. All underground installation
of service lines within street rights-of-way shall be completed
prior to street surfacing. Upon completion of the installation
of underground service lines in dedicated public ways, a tracing
and two copies of plans and specifications showing the completed
installation shall be filed with the Village Clerk.
b. Utility Poles. All utility poles, except
those providing street lighting, shall be placed in rear lot line
easements.
•
c.
Easements. All underground
utility service
lines, including
water, drainage and sanitary
sewer systems,
which traverse private property shall be installed within recorded
easements.
9.15 Non -Conformance. Any non-conformance with the
standards and ordinances of the Village in the installation of
the required improvements by the subdivider or his agents shall
be cause for the Village Engineer to order cessation of all
construction within the subdivision. In such event, no further
construction shall be allowed until the non-conformance is corrected.
SECTION 10. FINAL PLAT.
10.01 Procedure. Prior to Village Council approval
of a final plat, the following procedures shall be followed:
• a. Filing of Final Plat. Within 6 months following
approval of the preliminary plat, unless an extension of time is
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requested writing by the subdivider and granted Othe
Village Council, the subdivider shall file 7 copies of the
• final plat with the Village Clerk and shall pay a filing fee
therefor of $10.00. The final plat shall incorporate all changes
required by the Village Council, and in all other respects it
• shall conform to the preliminary plat as approved. If the final
plat is not filed within six months following approval of the
preliminary plat, the approval of the preliminary plat shall be
considered void. The final plat may constitute only that portion
of the preliminary plat which the subdivider proposes to record
and develop at that time, provided that such portion shall conform
to all requirements of this ordinance, and provided further that
the remaining portion or portions of the preliminary plat not
submitted as a final plat shall be subject to the right of the
• Village to adopt new or revised platting and subdivision regulations.
b. Filing of Abstract. At the time of filing
the final plat with the Village Clerk, the subdivider shall also
file with said Clerk an abstract of title or registered property
abstract, certified to date, evidencing ownership of the premises
involved in the plat.
c. Reference. The Village Clerk shall refer
copies of the final plat to the Village Engineer, and shall refer
the abstract to the Village Attorney for their examination and
report.
d. Reports. The Village Engineer and Village
Attorney shall submit their reports to the Village Council within
• 15 days after the filing of the final plat. The Village Engineer
• shall state whether the final plat and the improvements conform
to the engineering and design standards and specifications of
the Village. The Village Attorney shall state his opinion as to
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• 0
the ti,tle•the premises involved.
e. Fees. The subdivider shall pay the fees of
the Village Engineer and Village Attorney for their services
and reports rendered in connection with the final plat.
f. Compliance with Law. The final plat shall be
• prepared in accordance with all applicable State laws and County
ordinances.
10.02 Council Action. The Village Council shall act
on the final plat within 60 days of the date on which it was
filed with the Village Clerk. The final plat shall not be
approved if it does not conform to the preliminary plat including
all changes required by the Village Council, or does not meet the
engineering and design standards and specifications of the Village.
10.03 Recording. Following approval of the final
plat by the Village Council, the Village Clerk shall promptly
notify the subdivider of said approval and within 30 days
thereafter, the final plat shall be recorded with the Register
of Deeds or Registrar of Titles of the county in which the sub-
division lies. The subdivider shall forthwith furnish the Village
Clerk with a tracing and 3 copies of the final plat as recorded,
showing evidence of the recording on said copies. Failure of
the subdivider to comply with the requirement of recording shall
be cause for rescission of approval.
10.04 Required Final Plat Data. It shall be a
condition to the approval of a final plat that the following
data shall be shown on said plat or shall be furnished therewith:
• a. Municipal, township, county or section lines
accurately tied to the boundaries of the subdivision by distances
and angles.
b. Accurate angular and lineal dimensions for
all lines, angles and curvatures used to describe boundaries,
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•
streets, easements, areas reserved for public use, and other
• important features shall be shown. Complete curve data shall
be shown, including radii, internal angles, points and curvatures,
tangent bearings, and lengths of all arcs. Dimensions of lot
lines shall be shown in feet and hundredths of feet. No ditto
• work shall be permitted in indicating dimension.
c. Official monuments as designated and adopted
by the County Surveyor and approved by the District Court for
use as judicial monuments shall be set at each corner or angle
of the outside boundary of the final plat. Location and ties
of all monuments shall be shown.
d. Pipes or steel rods shall be placed at each
corner of each lot and the location thereof shall be shown.
e. An identification system for all lots and
blocks shall be shown.
f. Streets shall be named and all names shall
be shown. A sequence of street naming shall be followed consistent
with the pattern that has been established in the area.
g. In the event the final plat is a re -plat of
an earlier subdivision, the original platting of the subdivision
shall be shown and identified by dotted lines.
h. Judicial and county ditches shall be shown
by dimensions and angles as determined from county records.
i. Low land and water areas shall be indicated by
an identification symbol.
• j. All utility and drainage easements, and the
dimensions thereof, shall be shown.
• k. The names and platting of adjoining subdivisions
shall be shown and identified by dotted lines to a distance of
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i
100 feet from the boundaries of the subdivision under consideration.
is Lot, block and street arrangements of such adjoining subdivisions
shall be shown. Where adjacent land is unplatted, it shall be
so indicated.
1. Before any residential plat may be approved
• and before any permit may be issued for a residence therein, the
subdivider shall first present competent proof that the natural
ground water level at all times in said subdivision is not less
than 2 feet below the level of the lowest portion of the
proposed structure, or that a satisfactory system of ground
water control will be constructed as an integral part of the
proposed residential subdivision.
SECTION 11. REGISTERED LAND SURVEYS.
The provisions of this ordinance shall apply to all
• registered land surveys within the Village, and the standards,
regulations and procedures hereof shall govern the subdivision
of land by registered land survey. Building permits shall be
withheld on tracts which have -been subdivided by unapproved
registered land surveys; and the Village shall decline to accept
tracts as streets or roads or to improve, repair or maintain
such tracts within an unapproved registered land survey.
SECTION 12. EASEMENTS.
Prior to the submission of a final plat, registered
land survey or land subdivision to the Village Council for
approval, the subdivider shall furnish the Village with all
• easements for utilities, drainage, street rights-of-way, surface
water ponding, and such other public uses as shall be found
• to be necessary, convenient or desirable by the Village. Said
easements shall be in proper form for recording in the Office
of this section shall forfeit and pay to the Village a penalty
of not less than $100 for each lot or parcel so conveyed. The
Village may enjoin such conveyance or may recover such penalty
by a civil action in any court of competent jurisdiction.
SECTION 14. PLATS PREVIOUSLY APPROVED.
• All preliminary or final plats, registered land
surveys, or other subdivisions of land approved but not filed
under previous ordinances shall be subject to all requirements
of this ordinance.
SECTION 15. PERMITS.
15.01 Improvements. All electric and gas distribution
lines or piping, roadways, walks and other similar improvements
shall be constructed only on a street, alley, or other public
way or easement which is designated on an approved plat, or
• properly indicated on the official map of the Village, or which
has otherwise been approved by the Village Council.
15.02 Access. No permit for the erection of any
building shall be issued unless such building is to be located
upon a parcel of land abutting on a street or highway which has
been designated on an approved plat, or on the official map of
the Village, or which has been otherwise approved by the Village
Council. This limitation on issuing permits shall not apply to
planned developments approved by the Village Council pursuant
to the Village Zoning Ordinance.
15.03 Limitations. No building permit shall be
• issued for the erection of any building on any land conveyed in
violation of the provisions of this ordinance. No permit shall
• be issued for the erection of any building on any tract of land
described by metes and bounds and consisting of less than 5
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acres and ing a width of less than 360 feet. i
r
SECTION 16. VARIANCES.
16.01 Hardship. The Village Council may grant a variance
from the requirements of this ordinance as to specific tracts of
land where it is shown that by reason of topography or other
• physical conditions strict compliance with these requirements
could cause an exceptional and undue hardship to the enjoyment
of a substantial property right; provided, that a variance may
be granted only if the variance does not adversely affect the
Comprehensive Village Plan or the spirit and intent of this
ordinance.
16.02 Procedure. Written application for a variance
shall be filed with the Village Clerk, and shall state fully all
facts relied upon by the applicant. The application shall be
supplemented with maps, plans or other data which may aid in
an analysis of the matter. The application shall be referred to
the Planning Commission for its recommendation and report to the
Village Council.
16.03 Council Action. No variance shall be granted
by the Village Council unless it shall have received the affirmative
vote of at least 4/5ths of the full Council.
SECTION 18. VIOLATION AND PENALTY.
Any person, firm or corporation violating any of the
provisions of this ordinance shall be guilty of a misdemeanor,
and upon conviction thereof shall be punished by a fine of not
more than $100 or by imprisonment not to exceed 90 days for
each offense.
The platting, replatting, subdividing or conveyance of
land not in accordance with the requirements of this ordinance
may be enforced by mandamus, injunction, or any other appropriate
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• SECTION 19. REPEAL.
All Village ordinances or portions thereof in conflict
with the provisions of this ordinance are hereby repealed.
SECTION 20. EFFECTIVE DATE.
This ordinance shall take effect and be in force from
and after its passage and publication.
Passed by the Council this day of f 1969.
4z cl�a�
MAYOR
ATTEST:
...
CLE -ADMINISTRATOR
•
Published in Minnetonka Sun on the �_ day of 1969.
•
•
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remedy in any
court of
competent jurisdiction.
• SECTION 19. REPEAL.
All Village ordinances or portions thereof in conflict
with the provisions of this ordinance are hereby repealed.
SECTION 20. EFFECTIVE DATE.
This ordinance shall take effect and be in force from
and after its passage and publication.
Passed by the Council this day of f 1969.
4z cl�a�
MAYOR
ATTEST:
...
CLE -ADMINISTRATOR
•
Published in Minnetonka Sun on the �_ day of 1969.
•
•
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