Ordinance 033d• CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 33-D
AN ORDINANCE ESTABLISHING SUBDIVISION
REGULATIONS IN THE CITY OF CHANHASSEN
The Chanhassen City Council ordains:
SECTION 1. SHORT TITLE
This Ordinance shall be known as the "SUBDIVISION REGULATIONS OF
THE CITY OF CHANHASSEN" and will be referred to herein as "this Ordi-
nance."
SECTION 2. PURPOSE
All subdivisions of land shall comply with the regulations set forth
herein. It is the purpose of these regulations to:
2.1 Insure that development is consistent with the Chanhassen
Comprehensive Plan and Zoning Ordinance.
2.2 Encourage well-planned, efficient, and attractive subdivisions
by establishing minimum standards for design and construction.
2.3 Insure adequate provision for streets, water supply, sewage
disposal, storm drainage, schools, parks, playgrounds and
other public services and facilities.
2.4 Set the minimum requirements necessary to protect the natural
environment, public health, safety, and general welfare.
2.5 Preserve the beauty of the City and protect property values.
SECTION 3. DEFINITIONS
Definitions. The definitions in the City's Zoning Ordinance are
incorporated herein by reference. The following definitions shall
also be applicable:
Lot: A separate parcel, tract, or area of land undivided
by any public street or approved private road, which has been
established by plat, metes and bounds subdivision, or as
otherwise permitted by law, and which is occupied by or intended
to be developed for and occupied by a principal building or
group of such buildings and accessory buildings, or used for
• a principal use and uses accessory thereto, including such
open spaces and yards as are designed and arranged or required
by this Ordinance for such building, use or development.
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Streets and Allevs:
A. Street. A public right-of-way accepted or a private
right-of-way approved pursuant to the requirements of
the City, by public authority which provides a legal primary
means of public access to abutting property. The term
"Street" shall include a highway, thoroughfare, arterial,
'parkway, collector, avenue, drive, circle, road, boulevard
or any other similar term describina an entity complying
with the preceding requirements.
B. Collector Street. A street which carries traffic from
minor streets to arterials.
C. 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.
D. Minor Street. A street of limited continuity which is
used primarily for access to abutting properties.
E. 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.
F. 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.
G. 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.
Subdivision: The separation of an area, parcel, or tract
of land under single ownership into two or more parcels, tracts,
lots, or long-term leasehold interests where the creation
of the leasehold interest necessitates the creation of streets,
roads, or alleys, for residential, commercial, industrial,
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
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.
40 SECTION 4. PROCEDURES
4.1 Plats shall be reviewed as follows:
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1. Pre -Application Consultation. Prior to the preparation
of a preliminary plat, the applicant shall consult with the
City Planner to discuss the proposal.
2. Preliminary Plat Procedure.
a. After the pre -application consultation and at least
twenty-one (21) days prior to the meeting of the Planning
Commission at which action is desired, the applicant
may file with the City, an application for preliminary
plat approval. The application shall be accompanied by
copies of the plat in such number as required by the
City Planning Department, an 82" x 11" transparency
reduction of each sheet, proof of ownership satisfactory
to the City, and a list of property owners within 350
feet of the property certified by an abstract company.
The applicant shall pay the application fee established
by City Council resolution. All required data,
documentation plans, copies and fees must be submitted
before the application will be considered complete.
Rejection of the plat by the City Council, or abandon-
ment or withdrawal of the proposed plat by the subdivider,
shall not entitle the applicant to the return of all
or any part of the application fee.
• b. The City may refer copies of the preliminary plat
to other agencies and utility companies for their review,
comments and recommendations.
C. The Planning Commission shall hold a public hearing
it on the preliminary plat after notice of the date, time,
place and purpose of the hearing has been published once
in the official newspaper, and a proposed development
notification sign has been erected on the subject property
by the applicant, both at least ten (10) days before
the date of hearing. Written notice shall also be mailed
by the City to the applicant and all owners of record
within 350 feet of the outer boundaries of the preliminary
plat. Failure to post a proposed development notification
sign or to give notice or defects in the notice shall
not affect the validity of the proceedings.
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d. The Planning Commission shall make a recommendation
on the preliminary plat to the City Council within
forty-five (45) days from the date of the opening of
the public hearing, unless the applicant consents on
the record to a continuance. 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.
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• e. Following action by the Planning Commission, the
City Council shall consider the preliminary plat. The
City Council shall make its decision within 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) Disapprove the preliminary plat. If the plat
is not approved, the City Council shall state the
reasons for denial on the record.
f. Findings Required. The findings necessary for City
Council approval of the preliminary plat and the final
plat shall be as follows:
1) The proposed subdivision is consistent with
the Zoning Ordinance;
• 2) The proposed subdivision is consistent with
all applicable City, county and regional plans
including but not limited to the City's Comprehensive
Plan;
10 3) The physical characteristics of the site,
including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation,
susceptibility to flooding, and storm water drainage
are suitable for the proposed development;
4) The proposed subdivision makes adequate provision
for water supply, storm drainage, sewage disposal,
streets, erosion control and all other improvements
required herein;
5) The proposed subdivision will not cause
environmental damage;
6) The proposed subdivision will not conflict with
easements of record.
g. The City shall notify the applicant of the City
Council's action, stating the conditions of approval
or reasons for disapproval.
h. An applicant may at his or her own risk, apply to
process the preliminary and final plats simultaneously.
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3. Final Plat Procedure.
a. Unless otherwise provided in the development contract
for phased developments, within one (1) year after the
date of the City Council approval of the preliminary
plat, the subdivider shall file an application for approval
of the final plat. In addition to the application the
subdivider shall submit: copies of the plat in such
quantities as is required by the City Planning Department,
two mylar and two hard shell copies of the plat, one
two hundred scale copy of the plat. If the final plat
application is not filed within this period, the
preliminary plat will be considered void unless for good
cause shown an extension is requested in writing by the
subdivider and granted by the City Council. The application
for final plat approval shall be filed at least fourteen
(14) days prior to the meeting of the City Council at
which action is desired.
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b. The final plat shall conform to the requirements
of this Ordinance and to all conditions set forth in
the approval of the preliminary plat as modified during
final plat approval.
C. The City Council shall review the final plat and
shall approve or disapprove it within 60 days of receipt
of the completed application.
4. No final plat shall be approved by the City Council until
the plat is in a form acceptable for recording with the county,
the proper filing fees have been paid to the City, a develop-
ment contract has been signed, appropriate security has been
furnished, and no other payments to the City related to the
development are outstanding.
5. Upon approval of the final plat by the City Council, the
City shall notify the applicant of the approval and within
thirty (30) days thereafter, the applicant shall file the
final plat with the county recorder and furnish the City
evidence of such recording. Failure of the applicant to comply
shall be cause for revoking the City's approval.
4.2 Exemption from Platting.
1. The City Clerk shall certify that the following conveyances
are exempt from platting if the new and residual parcels meet
the minimum requirements of the Zoning Ordinance for a buildable
lot and are on an existing public street. The applicant shall
furnish the City a survey prepared and signed by a registered
land surveyor for review:
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a. Dividing a platted lot to add a portion of the lot
to an abutting lot.
• b. Dividing a metes and bounds parcel to,add a portion
of the parcel to an abutting parcel.
C. In areas outside the Metropolitan Council's 1990
urban service area, the separation of a parcel into two
or three parcels if all resulting parcels are capable
of being further subdivided into buildable lots under
the zoning ordinance. If less than all resulting parcels
are capable of being further subdivided, then only the
parcels that can be further subdivided are exempt from
platting. Subject to other provisions of the zoning
ordinance, at minimimum, a lot width of 180 feet along
a public street is necessary.
2. The City Council may approve a metes and bounds subdivision
of a platted lot into two lots in areas inside the Metropolitan
Council's 1990 urban service area if both resulting lots meet
the minimum requirements of the zoning ordinance and abut
an existing public street. To the extent possible, the new
boundary line shall be parallel to a previously existing lot
line. The City Council shall hold a public hearing on the
proposed subdivision after notice of the date, time, place
and purpose of the hearing has been published once in the
official newspaper, and a proposed development notification
sign has been erected on the subject property by the applicant,
• both at least ten (10) days before the date of hearing. Written
notice shall also be mailed by the city to the applicant and
all owners of record within 350 feet of the outer boundaries
of the subdivision. Failure to post a proposed development
notification sign or to give notice or defects in the notice
shall not affect the validity of the proceedings. At least
three weeks prior to the hearing the applicant shall submit
to the City:
a. A survey (prepared and signed by a registered land
surveyor).
b. A list of property owners within 350 feet of the
boundaries of the parcel to be subdivided.
C. Except as waived by the City, all information required
for plats.
4.3 Procedures. Procedures set forth in this Ordinance in excess
of those required by Minnesota Statutes are only directory.
Failure to comply with such procedures will not invalidate
the proceedings.
SECTION 5. DATA FOR PRELIMINARY PLAT
• Unless waived by the City because of the limited size and nature
of the proposal, the following shall be furnished:
0 5.1 Identification and Description.
1. Proposed name of subdivision, which shall not duplicate
or be similar in pronunciation or spelling to the name of
any other plat in the County.
2. Legal description.
3. Names and addresses of the record owner, subdivider, land
surveyor, engineer, designer of the plat, and any agent having
control of the land.
4. Graphic scale not less than one (1) inch to one hundred
(100) feet.
5. North arrow.
6. Key map including area within one (1) mile radius of plat.
7. Date of preparation.
5.2 Existing Conditions.
1. Boundary lines of proposed subdivision.
• 2. Existing zoning classifications for land within and abut-
ting the subdivision.
3. Acreage and lot dimensions.
4. Location, right-of-way width, and names of existing or
platted streets; locations of parks, buildings and structures,
railroad right-of-way, easements, section lines and corporate
boundaries within the proposed subdivision and to a distance
one hundred fifty (150) feet beyond.
5. 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.
6. Topographic data within the property to be subdivided
and 100 feet beyond the property boundary, showing contours
as follows: two (2) foot intervals where slope is seven (7)
percent or less; five (5) foot intervals where slope is from
seven (7) to fifteen (15) percent; ten (10) foot intervals
where slope is greater than fifteen (15) percent. All areas
of the subdivision to be platted with a slope greater than
twenty-five (25) percent must be clearly indicated. However,
on undevelopable sections of large acre lots topographic data
may be reduced to significant physical characteristics, such
• as top and toe of slope, if in the opinion of the City the
area is viewed as unsuitable for future subdivision. Location
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and elevations of on-site and abutting water courses, lakes,
wetlands, rivers, streams, and marshes at date of survey and
their ordinary high water mark plus approximate high and low
water elevations shall also be shown. When the subdivision
borders a lake, river or stream, a meander line shall be
established at an elevation two (2) feet above the recorded
high water elevation of the lake, river or stream. Flood plain
areas, location of wooded areas, rocky outcrops, power
transmission poles and lines and other significant physical
features shall also be shown.
7. An accurate soil_report indicating soil conditions,
permeability and slope.
8. Utilities on or adjacent to the property, including loca-
tion, size and invert elevation of public sanitary and storm
sewers catch basins and manholes; location and size of water
mains and hydrants; location of gas mains, high pressure lines,
fire hydrants, electric and telephone lines, and street lights.
The direction, distance to, and size of such facilities shall
be indicated.
9. Location of any wetlands.
5.3 Proposed Design Features.
1. Layout of proposed streets showing the proposed names,
the right-of-way widths, centerline gradients and typical
cross sections. Street names shall be assigned or approved
by the City.
2. Location and width of proposed pedestrian ways and utility
easements.
3. Lot sizes, layout, numbers and preliminary dimensions
of lots and blocks.
4. Minimum building setback lines as required by the Zoning
Ordinance.
5. Areas other than streets, alleys, pedestrian ways and
utility easements, intended to be dedicated or reserved for
public use, including the size of such areas.
6. Location, size and approximate grade of proposed public
sewer and water mains. If public sewer and water are not avail-
able the developer shall provide site evaluation data required
by Minnesota Pollution Control Agency Individual Sewage Treat-
ment Standards (WPC 40) to determine the suitability of the
site for individual sewage systems. References shall be made
to "Soil Survey: Carver (or Hennepin) County, Minnesota,"
U.S. Department of Agriculture, Soil Conservation Service,
and any other available sources. The data required shall be
determined by the City.
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• 7. If the preliminary plat is a rearrangement of a recorded
plat, the lot and block arrangement of the original plat,
its original name, and all revised or vacated right-of-ways
and easements shall be shown by dotted or dashed lines.
5.4 Supplementary Information:
1. Statement of the proposed use of lots stating type of
buildings with number of proposed dwelling units or type of
business or industry to reveal the effect of the proposed
development on traffic, fire hazards, and density of population.
2. Any proposed protective covenants.
3. 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 indica-
ting the direction and rate of runoff and those areas where
storm water will collect and percolate into the ground shall
also be included.
4. A proposed finished grading plan shown at contour intervals
appropriate to the topography or spot elevations indicating
the relationship of proposed changes to existing topography
and remaining features.
is 5. If any zoning changes are contemplated, the proposed zoning
plan for the areas.
40 6. Where the subdivider owns property adjacent to that proposed
for the subdivision, a general development plan of the remaining
property depicting the possible relationships between the
proposed subdivision and the future subdivision. The plan
shall address the overall land use, traffic circulation, utility
easement configurations, and general lot layouts.
7. A soil erosion and sediment control plan. The plan shall
include a timing schedule and sequence of operation indicating
the anticipated starting and completion dates of the particular
development segment 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.
8. A vegetation preservation and protection plan to provide
stabilization of erosion or sediment -producing areas.
9. Required variances.
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10. Water distribution system.
11. Proposals for street lighting, curb and gutters, side-
walks and boulevard improvements.
12. Such other information as may be requested by the City.
SECTION 6. SUBDIVISION DESIGN STANDARDS
6.1 General Requirements. The proposed subdivision shall conform
to the Comprehensive Plan, Zoning Ordinance and Design Handbook.
6.2 Streets.
1. Streets shall be dedicated on the plat to the public.
The location and design of streets shall consider existing
and planned streets, reasonable traffic circulation, topographic
conditions, runoff of storm water, public convenience and
safety and the proposed land uses of property to be served.
2. Widths. Street right-of-way widths shall be consistent
with the Comprehensive Plan and official map, and shall conform
to County and state standards for trunk highways. If no such
plans or standards are applicable, right-of-way widths shall
not be less than the following:
Right -of -Way
Pavement
Street Classifications
Widths
Width
Minor Arterial
100
Ft.
36
to 44 Ft.
Collector
80
Ft.
36
Ft.
Local Street
60
Ft.
24
Ft.
(Rural Residential)
Local Street
50
Ft.
28
to 32 Ft.
(Urban Residential)
Local Street
60
Ft.
36
Ft.
(Commercial/Industrial)
Cul-de-sac Turnaround Radius
50
Ft.
42
Ft.
(Urban/Residential)
Cul -de -Sac Turnaround Radius
60
Ft.
40
Ft.
(Rural Residential)
Cul-de-sac Turnaround Radius
60
Ft.
48
Ft.
(Commercial/Industrial)
3. 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 are
prohibited.
4. Tangents. A tangent of at least three hundred (300) feet
shall be introduced between reverse curves on arterial and
collector streets.
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5. 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.
6. Turning Radius. Proper design shall 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.
7. Grades. All centerline grades shall be at least five -
tenths percent (0.5%) and shall not exceed five percent (5%),
for arterials and eight percent (8%) for all other streets
and alleys. Whenever possible, grades within thirty (30) feet
of intersections or railroad crossings shall not exceed three
percent (3%).
8. Vertical Curves. Different connecting street grades shall
be connected with vertical curves. Minimum length, in feet,
of the vertical curves shall be 20 times the algebraic
difference in the percentage of grade of the two adjacent
slopes.
9. Offset streets and Intersections. Local streets shall
ON have a centerline offset of not less than 300 feet. Offset
intersections shall be avoided.
10. Local Streets. The alignment shall discourage through
traffic.
11. Cul-de-sacs. The maximum length of a street terminating
in a cul-de-sac shall be determined as a function of the
expected development density along the street, measured from
the centerline of the street of origin to the end of the
right-of-way.
12. Access to Arterial Streets. Where a proposed subdivision
is adjacent to a limited access highway, arterial or collector
street, there shall be no direct vehicular or pedestrian access
from individual lots to such highways or streets. 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. Access along collector streets
will be restricted and controlled on the final plat.
13. 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 or re-
quired. The probable length of time elapsing before dedication
of the remainder shall be a factor considered in making this
determination.
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14. Private Streets. Private streets are prohibited. Private
drives which provide access to not more than three lots may
be allowed.
15. Reserve Strip. Private reserve strips controlling public
access to streets shall be prohibited.
6.3 Alleys. Alleys are prohibited except for fire lanes in commer-
cial and industrial developments.
6.4 Blocks. The length and width of blocks shall be sufficient
to provide convenient and safe access, circulation, control
and street design. Blocks may not be longer than one thousand
eight hundred (1,800) feet, or shorter than three hundred
(300) feet except where topography of surrounding development
limits ability to strictly comply or as specifically approved
by the City Council to foster innovative design consistent
with sound planning principles. Pedestrian ways may be required
on blocks longer than nine hundred (900) feet or in other
areas to provide access to schools, parks and other destination
points. Easements for pedestrian ways shall be at least twenty
(20) feet wide and shall be located to minimize intersections
with streets.
6.5 Lots.
1. Location. All lots shall abut for their full required
minimum frontage on a publicly dedicated street as required
by the Zoning Ordinance or on a private drive pursuant to
§ 7.2 Subd. 14.
2. Side Lot Lines. Side lines of lots shall be substantially
at right angles to straight street lines or substantially
radial to curved street lines.
3. Drainage. Lots shall be graded to drain away from building
locations.
4. Natural Amenities. Lots shall be placed to preserve and
protect natural amenities, such as vegetation, wetlands, steep
slopes, water courses and historic areas.
5. Lot Remnants. Lot remnants are prohibited.
6. Hardship to Owners of Adjoining Property. Street arrange-
ments for the proposed subdivision shall not cause undue hard-
ship to owners of adjoining property in subdividing their
own land.
7. 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. Wherever possible, structures on double frontage
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lots should face the front of existing structures across the
street. If this cannot be achieved, then such lots shall have
an additional depth of ten (10) feet to accommodate vegetation
screening along the back lot line.
8. Solar Orientation. Lot layouts should take into considera-
tion the potential use of solar energy design features.
6.6 Tree Removal and Conservation of Vegetation.
1. Existing healthy trees and native vegetation shall be
• preserved to the maximum extent feasible and shall be protected
by adequate means during construction.
2. Unless already on site, at least one suitable tree shall
be planted in the front yard setback on every lot. The type
or species of trees planted shall be approved by the City.
3. Consistent with approved grading plans, existing trees
shall be preserved within any right-of-way when they are
suitably located and in good health.
4. No dead trees or uprooted stumps shall remain after
development.
S. All disturbed areas shall be seeded or sodded to prevent
erosion.
6. Detailed landscaping requirements shall be set forth in
a development contract.
6.7 Erosion and Sediment Control.
1. The development shall conform to the topography and soils
to create the least potential for soil erosion;
2. The smallest practical increment of land shall be exposed
at any one time during development;
3. Detailed requirements for each plat shall be set forth
in the development agreement.
6.8 Drainage. The natural drainage system shall be used to the
maximum extent feasible for the storage and flow of runoff.
The following requirements shall also apply;
1. 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;
2. The drainage system shall be constructed and operational
as part of the first stage of development and construction.
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3. Detailed requirements for each plat shall be set forth
in the development contract.
6.9 Minimum Design Features. The design features set forth in
the Ordinance are minimum requirements. The City may impose
additional or more stringent requirements concerning lot size,
streets and overall design as deemed appropriate considering
the property being subdivided.
SECTION 7. EASEMENTS
. All easements shall be dedicated by appropriate language on the final
plat in accordance with the following:
7.1 Utilities. Easements at least ten (10) feet wide along all
street right-of-way lines, 5 feet along both sides of rear
and side lot lines, shall be provided for utilities where
necessary. If appropriate, easements of lesser or greater
width may be required by the City. All utility easements shall
have continuity of alignment from block to block.
7.2 Drainage. Easements shall be provided along each side of
the centerline of any water course or drainage channel, to
a width sufficient to provide proper maintenance and protection
and to provide for storm water run-off from a one hundred
(100) year storm of twenty-four (24) hour duration. Where
necessary, drainage easements corresponding to lot lines shall
be provided. Such easements for drainage purposes shall not
be less than twenty (20) feet in width.
SECTION 8. DEDICATION OF LAND OR CONTRIBUTION IN CASH FOR PUBLIC
it PURPOSES
8.1 In every plat or subdivision the developer may be required
to dedicate to the public streets, easements for sewers,
electric, gas, water facilities, storm water drainage, holding
ponds and similar utilities and improvements.
8.2 Every plat and subdivision shall comply with the requirements
of Ordinance 14A and 14B for land dedication or cash in lieu
thereof.
SECTION 9. REQUIRED IMPROVEMENTS
9.1 The subdivider shall submit engineering plans and specifications
satisfactory to the City Engineer for all required improvements,
as listed or as specified in this Ordinance. These improvements
must be initiated within one year of final plat approval and
completed within two years.
9.2 The following public improvements are required in every plat:
1. Survey Monuments. All subdivision boundary corners, block
and lot corners, road intersection corners and points of tangen-
cy and curvature shall be marked with durable iron or steel
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monuments meeting the minimum requirements of state law. The
City may, when a subdivision is essentially complete, require
a development to have the plat restaked to replace the original
monuments destroyed or obliterated during the construction
process.
2. Streets. Every street shall have an adequate sub -base
and shall be improved with a bituminous or concrete surface
in accordance with the design standards specified by the City
for urban or rural sections. Except in areas where lot widths
exceed one hundred (100) feet or topography or tree cover
dictates otherwise, grading shall provide for easy installation
of sidewalks.
3. Concrete Curb and Gutter. Concrete curb and gutter shall
be required for all urban street sections.
4. Sidewalks. Sidewalks may be required.
5. Water Supply. Where a public water supply is available
within a reasonable distance of the proposed subdivision,
the subdivider shall be required to provide a connection to
the public system. Service connections shall be stubbed into
the property line and all necessary fire hydrants shall be
provided. Extensions of the public water supply systems shall
be designed to provide public water service to each lot and
shall be in accordance with applicable City requirements.
6. Street Lighting. Street lighting of a type approved by
the City shall be required at intersections and other loca-
tions.
7. Sewage Disposal. If available, public sanitary sewer main
and service connections shall be approved by the City Engineer
and installed to serve all lots in the subdivision. In unsewered
areas, facilities for sewage disposal, including location
of two (2) drainfield sites and two (2) percolation test results
per lot which meet applicable city ordinance requirements
for individual sewage disposal systems must be provided.
8. Drainage. A system that will adequately accommodate the
surface water runoff within the subdivision, as required by
this Ordinance, shall be provided.
9. Street Identification and Regulatory Signs. Street signs
of standard design approved by the City Engineer shall be
installed at each street intersection. Regulatory signs shall
be installed as required.
10. Protection of Natural Water Bodies. Where any proposed
plat adjoins a natural lake, pond, river or stream, including
streams which flow only intermittently, the City may require
that a strip of land running along all sides thereof which
are contiguous to such lake, pond or stream, be dedicated
to the City for public use, or subject to a perpetual easement
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1. For improvements to be installed by the developer, the
developer is obligated to install and complete all such
improvements at his own expense and under the supervision
and inspection of the City Engineer.
2. For improvements which the City agrees to install, the
developer shall pay the cost of such improvements through
payment of special assessments.
3. As
security to the City for
in favor of the City for the purpose of protecting its hydraulic
efficiency and natural character and beauty. There shall also
or the payment of the special
then be granted to the City the right of ingress to and egress
from the dedicated land.
be required to file a cash
11. Public Utility Lines. All utility lines for telephone
and electrical service, shall be placed underground or where
amount and form acceptable
this is not feasible shall be placed in rear lot line easements
when carried on overhead poles.
9.3
Financial Security. Prior to the City signing the final plat
and prior to the construction of any improvements, the developer
shall provide the City with a letter of credit or cash escrow
to insure that all improvements required by this Ordinance
DEVELOPMENT CONTRACT
will be installed and paid for at no City expense.
1. For improvements to be installed by the developer, the
developer is obligated to install and complete all such
improvements at his own expense and under the supervision
and inspection of the City Engineer.
2. For improvements which the City agrees to install, the
developer shall pay the cost of such improvements through
payment of special assessments.
Before the City signs a final plat and before the developer constructs
any of the required improvements set forth in Section 9 of this
Ordinance, the developer shall enter into a development contract
with the City. The contract shall delineate the conditions under
which approval is given.
SECTION 11. VARIANCES
The City Council may grant a variance from the regulations contained
in this Ordinance as part of the plat approval process following
a finding that all of the following conditions exist:
11.1 The hardship is not a mere inconvenience;
11.2. The hardship is caused by the particular physical surroundings,
shape or topographical conditions of the land;
11.3. The condition or conditions upon which the request is based
0 are unique and not generally applicable to other property;
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3. As
security to the City for
installation of the improve-
ments
or the payment of the special
assessments, the Developer
shall
be required to file a cash
escrow or letter of credit
in an
amount and form acceptable
to the City to cover the
cost of
all public improvements
and special assessments.
SECTION 10.
DEVELOPMENT CONTRACT
Before the City signs a final plat and before the developer constructs
any of the required improvements set forth in Section 9 of this
Ordinance, the developer shall enter into a development contract
with the City. The contract shall delineate the conditions under
which approval is given.
SECTION 11. VARIANCES
The City Council may grant a variance from the regulations contained
in this Ordinance as part of the plat approval process following
a finding that all of the following conditions exist:
11.1 The hardship is not a mere inconvenience;
11.2. The hardship is caused by the particular physical surroundings,
shape or topographical conditions of the land;
11.3. The condition or conditions upon which the request is based
0 are unique and not generally applicable to other property;
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11.4. The granting of a variance will not be substantially detri-
mental to the public welfare and is in accord with the purpose
and intent of the Ordinance, the Zoning Ordinance and
Comprehensive Plan.
SECTION 12. RESTRICTIONS ON FILING AND RECORDING CONVEYANCES
12.1 Except as provided in Section 4.2, no conveyances of land
shall be filed or recorded if the land is described in the
conveyance by metes and bounds or by reference to an unapproved
Registered Land Survey or to an unapproved plat. The foregoing
provision does not apply to a conveyance if the land described:
1. Was a separate parcel of record on February 20, 1969,
the date of adoption of subdivision regulations by the City;
2. Was the subject of a written agreement to convey entered
into prior to such time; or
3. Was a separate parcel of not less than 22 acres in area
and 150 feet in width on January 1, 1966; or
4. Was a separate parcel not less than five (5) acres in
area and 300 feet in width on July 1, 1980; or
0
12.2 Any owner or agent of the owner of land who conveys a lot
or a parcel in violation of the provisions of this Section
13 shall pay 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 civil
action.
SECTION 13. REGISTERED LAND SURVEYS
All registered land surveys 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.
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5.
Is a single parcel of commercial or industrial land of
not
less than five acres and having a width of not less than
300
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 five acres in area or 300 feet in width;
or
6.
Is a single parcel of residential or agricultural land
of
not less than 20 acres having a width of not less than
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 20 acres in area or 500 feet in width.
0
12.2 Any owner or agent of the owner of land who conveys a lot
or a parcel in violation of the provisions of this Section
13 shall pay 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 civil
action.
SECTION 13. REGISTERED LAND SURVEYS
All registered land surveys 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.
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• SECTION 14. BUILDING PERMITS
No building or other permits will be issued by the City for grading,
buildings, structures or improvements to any lot unless there has
been full compliance with the provisions of this Ordinance.
SECTION 15. VIOLATIONS AND PENALTIES
Any person who violates any of the provisions of this Ordinance shall
be guilty of a misdemeanor, punishable by a fine of not to exceed
Seven Hundred Dollars ($700:00) or by imprisonment for a period not
to exceed Ninety (90) days, or both. The City may withhold, revoke
or deny any permits, approvals or any action required or if there
is a violation of this Ordinance. Each week during which violation
exists shall constitute a separate violation. The City may apply
to the District Court for injunctive relief for violation of this
Ordinance.
SECTION 16. REPEAL
Ordinances No. 33, 33A, 33B, and 33C are hereby repealed.
SECTION 17. EFFECTIVE DATE
This Ordinance shall be effective immediately upon its passage and
publication.
Adopted this 25th day of February 19 85
CITYOF CH;S-,,
ASEN
BY zi
Thomas Hamilt n, Maydr
Attest:
z=a
Don Ashworth, City Manager/Clerk
40
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUBDIVISION ORDINANCE NO. 33-D
On February 25, 1985, the Chanhassen City Council adopted a
Subdivision Ordinance. This summary is being published in lieu
of publication of the entire ordinance. A printed copy of the
ordinance is available for inspectino by any person during regu-
lar business hours at the office of the City Clerk at
Chanhassen City Hall, 690 Coulter Drive, Chanhassen, MN.
The ordinance establishes procedures and requires data for filing
of preliminary and final plats, as well as minor subdivisions.
The ordinance establishes standards for subdivision, design, and
improvements and also provides for execution of a development
contract before construction of the required improvements.
The penalty section of the ordinance provides that violations are
a misdemeanor and subject to a $700 penalty and/or 90 days in
• jail.
The ordinance is in full force commencing upon its publication.
Don Ashworth,' City Manager
(Publish in the Carver County Herald on March 6, 1985).
W