4 Amend Chapters 18 & 20CITYOr
690 G~y Center Drive, PO Box 147
Chanhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612937.5739
Engineering Fax 612.93Z9152
Public Safe~y lax 612.934.2524
l~b wu,w. ci. chanhassen, mn. us
TO:
Planning Commission
FROM: Sharmin A1-Jaff, Senior Planner
DATE: June 14, 2001
·
SUB J: Amendments to Chapter 18 and 20
BACKGROUND
Attached are the changes requested by the Planning Commission. The
commission has met over the last several months to make changes in the use and
application of private streets and flag lots.
ANALYSIS
Staff made the required changes to. Chapters 18 and 20 of the city code. In
summary, the amendments included:
Definitions were modified to be consistent internallY;
Flag lots and private drives are allowed by variance only in the A-2, RR,
RSF, and R-4 Districts.
RECOMMENDATION
Staff recommends approval of the attached amendments to Chapters 18 and 20.
All new language is shaded, and deletions have been struck through.
g:.\plan~sa~amendment to chapters 18 & 20.doc
The City of Chanhassen. A wowing community with clean lakes, ttuality schools, a charmine downtown, thrivin~ businesses, and beautiful/)arks. A treat olace to live, work, and tdav.
Chapter 18
SUBDIVISIONS*
*Cross reference(s)--Buildings and building regulations, Ch. 7; neighborhood park
acquisition and improvement, § 14-31 et seq.; planning and development, Ch. 15; use of
official maps, § 15-20; zoning, Ch. 20.
State law reference(s)--Authority to adopt subdivision regulations, M.S. § 462.358;
plats, M.S.§ 505.01 et seq.
ARTICLE I. IN GENERAL
Sec. 18-1. Definitions.
The definitions in the city's zoning ordinance apply to this chapter. The following
definitions shall also be applicable:
Alley means 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.
Arterial street means a street or highway with access restrictions designed to carry
large volumes of traffic between various sectors of the city or county and beyond.
Collector street means a street which carries traffic from minor streets to arterials.
Cul-de-sac means a minor street with only one (1) outlet and having an
appropriate turn-around for the safe and convenient reversal of traffic movement.
Lot means a separate parcel, tract, or area of land undivided by any public street
or approved private re, ad ~, 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 chapter for such
building, use or development.
Minor ~ street means a street of limited continuity which is used primarily for
access to abutting properties.
Private street means 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 (1) or more
private parties.
Street means a public right-of way accepted or a private right-of-way., approved
pursuant to thc requircmcnts of thc city, by public authority which providcs a lcgal
primary mcans of public acccss to abutting propcrty. "Street" includes a highway,
thoroughfarc, artcrial, parkway, collector, avcnuc, drivc, circle, road, boulevard or any
othcr similar tcrm dcscribing an entity complying with thc preceding requiremcnts.
Subdivision means the separation of an area, parcel, or tract of land under single
ownership into two (2) or more parcels, tracts, lots, or long-term leasehold interests
where the creation of the leasehold interest necessitates the creation of streets, roads, or
alleys, for residential, commercial, industrial, or other use or any combination thereof,
except those separations:
(1) Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres
or larger in size and five hundred (500) feet in width for residential uses and five
(5) acres or larger in size for commercial and industrial uses;
(2) Creating cemetery lots;
(3) Resulting from court orders, or the adjustment of a lot line by the relocation of a
common boundary.
(Ord. No. 33-D, § 3, 2-25-85)
Sec. 18-2. Compliance.
All subdivisions of land shall comply with this chapter.
(Ord. No. 33-D, § 2, 2-25-85)
Sec. 18-3. Violations and penalties.
Any person who violates any of the provisions of this chapter shall be guilty of a
misdemeanor. The city may withhold, revoke or deny any permits, approvals or any
action required or if there is a violation of this chapter. 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 chapter.
(Ord. No. 33-D, § 15, 2-25-85)
Sec. 18-4. Restrictions on filing and recording conveyances.
(a) Except as provided in section 18-37, 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;
(2) Was the subject of a written agreement to convey entered into prior to
February 20, 1969; or
(3) Was a separate parcel of not less than two and one-half (21/2) acres in area
and one hundred fifty (150) feet in width on January 1, 1966; or
(4) Was a separate parcel not less than five (5) acres in area and three hundred
(300) feet in width on July 1, 1980; or
(5) Is a single parcel of commercial or industrial land of not less than five (5)
acres and having a width of not less than three hundred (300) feet and its
conveyance does not result in the division of the parcel into two (2) or more
lots or parcels, any one of which is less than five (5) acres or three hundred
(300) feet in width; or
(6) Is a single parcel of residential or agricultural land of not less than twenty
(20) acres having a width of not less than five hundred (500) feet and its
conveyance does not result in the division of the parcel into two (2) or more
lots or parcels, any one (1) of which is less than twenty (20) acres in area or
five hundred (500) feet in width.
(b) Any owner or agent of the owner of land who conveys a lot or a parcel in
violation of the provisions of this section shall pay the city a penalty of notless 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.
(Ord. No. 33-D, § 12, 2-25-85)
Secs. 18-5-- 18-20. Reserved.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT
DIVISION 1. GENERALLY
Sec. 18-21. 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 chapter.
(Ord. No. 33-D, § 14, 2-25-85)
Sec. 18-22.. Variances.
The city council may grant a variance from the regulations contained in this
chapter as part of the plat approval process following a finding that all of the following
conditions exist:
(1) The hardship is not a mere inconvenience;
(2) The hardship is caused by the particular physical surroundings, shape or
topographical conditions of the land;
(3) The condition or conditions upon which the request is based are unique and
not generally applicable to other property;
(4) The granting of a variance will not be substantially detrimental to the public
welfare and is in accord with the purpose and intent of this chapter, the
zoning ordinance and comprehensive, plan.
(Ord. No. 33-D, §-11, 2-25-85)
Secs. 18-23--18-35. Reserved.
DIVISION 2. PLATTING PROCEDURES
Sec. 18-36. Generally.
Notice requirement and procedures set forth in this chapter in excess of those
required by state law are directory. Failure to comply with such procedures will not
invalidate the proceedings.
(Ord. No. 33-D, § 4.3, 2-25-85)
Sec. 18-37. Exemption.
(a) The zoning administrator shall certify that the following conveyances are
exempt from platting if the new and residual parcels meet the minimum requiremen[s 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:
(1) Dividing a platted lot to add a portion of the lot to an abutting lot;
(2) Dividing a metes and bounds parcel to add a portion of the parcel to an
abutting parcel;
(3) In areas outside the Metropolitan Council's 1990 urban service area, the
separation of a parcel into two (2) or three (3) parcels if all resulting parcels
are capable of being further subdivided into buildable lots under the zoning
ordinance.
(b) The city council may approve a metes and bounds subdivision of a platted
lot into two (2) 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 five hundred (500) 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 (3) weeks prior to the hearing the applicant shall submit to the city: (1) A survey (prepared and signed by a registered land surveyor);
(2) A list of property owners within five hundred (500) feet of the boundaries
of the parcel to be subdivided;
(3) Except as waived by the city, all information required for plats.
(Ord. No. 33-D, § 4.2, 2-25-85; Ord. No. 240, § 1, 7-24-95)
Sec. 18-38. Pre-application consultation.
Prior to the preparation of a preliminary plat, the applicant shall consult with the
city to discuss the proposal.
(Ord. No. 33-D, § 4.1, 2-25-85)
Sec. 18-39. Preliminary plat--Generally.
(a) After the preapplication 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, an eight and
one-half-by-eleven-inch transparcncy reduction of each sheet, proof of ownership
satisfactory to the city, and a list of property owners within five hundred (500) 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 abandonment 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.
(f)
the final plat
(1)
(2)
(c) The planning commission shall hold a public heating on the preliminary plat
after notice of the date, time, place and purpose of the heating 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 five hundred (500) 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. If a development is proposed
adjacent to a lake, or will affect the usage of the lake, the applicant shall provide the city
with a list of property owners abutting the lake at the time of application. The city shall
provide mailed notice to the lake homeowners as in compliance with the procedures
above. The applicant is responsible for meeting with affected homeowners.
(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.
(e) Following action by the planning commission, the city council shall
consider the preliminary plat. The city council shall make its decision within one hundred
twenty (120) days following receipt by the city of the properly completed application,
unless the subdivider consents on the record to a continuance. The city council may:
(1) Grant approval of the preliminary plat, with or without modification or
conditions; or
(2) Refer the preliminary plat to the planning commission or appropriate city
staff, officers or departments for further investigation; or
(3) Disapprove the preliminary plat. If the plat is not approved, the city council
shall state the reasons for denial on the record.
The findings necessary for city council approval of the preliminary plat and
shall be as follows:
The proposed subdivision is consistent with the zoning ordinance;
The proposed subdivision is consistent with all applicable city, county and
regional plans including but not limited to the city's comprehensive plan;
(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 by this chapter;
(5) The proposed subdivision will not cause environmental damage;
(6) The proposed subdivision will not conflict with easements of record.
(7) The proposed subdivision is not premature. A subdivision is premature if
any of the following exists:
a. Lack of adequate storm water drainage.
b. Lack of dedicated and improved public streets.
c. Lack of adequate sanitary sewer systems and not ISTS (individual sewer
treatment system).
d. Lack of adequate off-site public improvements or support systems.
(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 own risk, apply to process the preliminary and final
plats simultaneously.
(Ord. No. 33-D, § 4.1, 2-25-85; Ord. No. 240, § 2, 7-24-95)
Sec. 18-40. Same--Data required.
Unless waived by the city because of the limited size and nature of the proposal,
the following shall be furnished with a preliminary plat:
(1) Identification and description:
a. Proposed name of subdivision, which shall not duplicate or be similar in
pronunciation or spelling to the name of any other plat in the county.
b. Legal description.
c. Names and addresses of the record owner, subdivider, land surveyor,
engineer, designer of the plat, and any agent having control of the land.
d. Graphic scale not less than one (1) inch to one hundred (100) feet.
e. North arrow.
f. Key map including area within on (1) mile radius of plat.
g. Date of preparation.
(2) Existing conditions:
a. Boundarylines of proposed subdivision.
b. Existing zoning classifications for land within and abutting the subdivision.
c. Acreage and lot dimensions.
d. 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.
e. Boundary lines of adjoining platted or subdivided land, within one hundred
fifty (150) feet, identified by name and ownership including all contiguous
land owned or controlled by the subdivider.
f. Topographic data within the property to be subdivided and one hundred (100)
feet beyond the property boundary, showing contours as follows: two-foot
intervals where slope is ten (10) percent or less; five-foot intervals where
slope is ten (10) to fifteen (15) percent; ten-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 or larger 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 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
(3)
shall also be shown. Where 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.
g. Location, size and approximate grade of proposed public sewer and water
mains. If public sewer and water are not available the developer shall
provide site evaluation data required by "Minnesota Rules Chapter 7080
Individual Sewage Treatment Systems Standards" to determine the
suitability of the site for individual sewage systems. The following data is
required for review:
1. Location of two (2) drainfield sites.
2. Two (2) soil borings on each drainfield site for a total of four (4) soil
borings per lot.
3. No percolation tests are required for slopes between zero and twelve
(12) percent. One (1) percolation test per drainfield site where the land
slope is between 13 and 25 percent. Areas where the land slope
exceeds twenty-five (25) percent shall not be considered as a potential
soil treatment unit site. The depth of the percolation test should be
determined in the field by the site evaluator.
h. An accurate soil report indicating soil conditions, permeability and slope.
i. Utilities on or adjacent to the property, including location, 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.
j. Location of any wetlands.
k. Within the Bluff Creek Overlay (BCO) District, the application shall also
include:
a. Identified boundaries of the Primary Zone and Secondary Zone on a drawing
depicting existing conditions and on a site plan depicting the proposed
development pattern.
b. Calculations and/or drawings that identify the allowable density (number of
units or building coverage) under this Code including lands lying in the
Primary and Secondary Zone. Calculation of allowable density shall
specifically exclude lands classified as bluffs, flood plains and designated
wetlands. Calculation of allowable impervious cover may include bluffs and
flood plains but shall specifically exclude designated wetlands.
Proposed design features:
a. Layout of proposed streets showing the proposed names, the fight-of-way
widths, centerline gradients and typical cross sections. Street names shall be
assigned or approved by the city.
b. Location and width of proposed pedcstrian ways ~ and utility
easements.
c. Lot sizes, layout, numbers and preliminary dimensions of lots and blocks.
d. Minimum building setback lines as required by the zoning ordinance.
(4)
e. Areas other than streets, alleys, pedestrians ways and utility easements,
intended to be dedicated or reserved for public use, including the size of
such areas.
f. Location, size and approximate grade of proposed public sewer and water
mains. If public sewer and water area not available the developer shall
provide site evaluation data required by Minnesota Pollution Control
Agency Individual Sewage Treatment Standards (WPC 409) 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.
g. 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 line.
Supplementary information:
a. 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 densily of
population.
b. Any proposed protective covenants.
c. A drainage plan for the area indicating the direction and rate of natural storm
water runoff and those unaltered areas where storm water collects and
percolates into the ground. A proposed drainage plan for the developed site
indicating the direction and rate of runoff and those areas where storm water
will collect and percolate into the ground shall also be included. Storm water
shall be consistent with the storm water management.
d. 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.
e. If any zoning changes are contemplated, the proposed zoning plan for the
areas.
f. 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.
g. 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.
h. A vegetation preservation and protection plan to provide stabilization of
erosion or sediment-producing areas.
i. Required variances.
j. Water distribution system.
k. Proposals for street lighting, curb and gutters, sidewalks and boulevard
improvements.
1. Such other information as may be requested by the city.
m. Photocomposite images, artistic renderings, or site elevations which depict
the visual impact of the proposed development's design, landscaping, street
layout, signage, pedestrian ways, lighting, buildings, or other details that
affect land use within the city shall be submitted. Such images and
renderings shall be from key vantage points and provide an undistorted
· perspective of the proposed development from abutting properties, less
intensive land uses, and/or from entryway locations. Appropriate levels of
resolution for the visualization shall be used from flat shading for massing
studies and preliminary design to photorealistic imaging for final design.
(Ord. No. 33-D, § 59.2(7), 2-25-85; Ord. No. 33E, § 1, 12-15-86; Ord. No. 203, § 1, 5-9-
94; Ord. No. 240, § 3, 7-24-95; Ord. No. 286, § 1, 12-14-98)
Sec. 18-41. Final plat--Generally.
(a) Unless otherwise provided in the development contract for phased
development, 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:
(1) Copies of the plat in such quantities as is required by the city;
(2) Two (2) mylar copies of the plat;
(3) One (1) two hundred (200) 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.
(b) The final plat shall conform to the requirements of this chapter 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 sixty (60) days of receipt of the completed application.
(d) 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 development contract has been signed, appropriate security has been furnished, and no
other payments to the city related to the development are outstanding.
(e) 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 or the city
attorney 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.
(f) The developer shall pay the city a fee established by city council resolution
to reimburse the city for the cost of updating the city's base maps and GIS data base files
and converting the plat (Ord. No. 33-D, 8 4.1, 2-25-85; Ord. No. 240, 8 4, 7-24-95; Ord.
No. 273, 8 1, 9-8-97)
Sec. 18-42. Same--Development contract.
Before the city signs a final plat and before the developer constructs any of the
required improvements set forth in section 18-78, the developer shall enter into a
development contract with the city. The contract shall delineate the conditions under
which approval is given.
(Ord. No. 33-D, 8 10, 2-25-85)
Secs. 18-43--18-55. Reserved.
ARTICLE III. DESIGN STANDARDS
Sec. 18-56. Generally.
The proposed subdivision shall conform to the comprehensive plan, zoning
ordinance and design handbook. The design features set forth in this article 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.
(Ord. No. 33-D, 88 6:1, 6.9, 2-25-85)
Sec. 18-57. Streets.
(a) 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.
(b) 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:
Street Classifications
Right-of-Way Widths
(feet)
~d~_.~avement Width
(feet)
Minor arterial 100 36 to 44
Collector 80 36
Local street (rural 60 24
residential)
Local street (urban 60
residential)
28 to 32
Local street 60
(commercial/industrial)
Cul-de-sac, turnaround 60
radius (urban/residential)
Cul-de-sac, turnaround 60
radius(rural residential)
Cul-de-sac, turnaround 60
radius(commercial/industrial)
36
42
40
48
(c) Insofar as practical, streets shall intersect at right angles. In no case shall the
angle formed by the intersection of two (2) streets be less than sixty (60) degrees.
Intersections having more than four (4) comers are prohibited.
(d) A tangent of at least three hundred (300) feet shall be introduced between
reverse curves on arterial and collector streets.
(e) When connecting street lines deflect from each other at one (1) 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.
(f) . Proper design shall consider required turning radius of vehicles for access
points or entrances to and from a highway using standards adopted by the state
department of transportation.
(g) All centerline grades shall be at least five-tenths percent and shall not
exceed five (5) percent, for arterials and seven (7) percent for all other streets and alleys.
Whenever possible, grades within thirty (30) feet of intersections or railroad crossings
shall not exceed three (3) percent.
(h) Different connecting street grades shall be connected with vertical curves.
Minimum length, in feet, of the vertical curves shall be twenty (20) times the algebraic
difference in the percentage of grade of the two (2) adjacent slopes.
(i) Local streets shall have a centerline offset of not less than three hundred
(300) feet. Offset intersections shall be avoided.
(j) The alignment shall discourage through traffic
(k) 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 fight-of-way.
(1) Where a proposed subdivision is adjacent to a limited access highway,
arterial or collector street, them 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 mile and through existing and established
crossroads. Access along collector streets will be restricted and controlled on the final
plat.
(m) 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 required. The probable length of time
elapsing before dedication of the remainder shall be a factor considered in making this
determination.
(n) Public streets to be constructed in subdivisions located inside the
metropolitan urban service area line, as identified in the city comprehensive plan shall be
constructed to urban standards as prepared by the city engineer's office. Streets to be
constructed in subdivisions located outside the metropolitan urban service area shall
conform to the rural standard requirements as prepared by the city engineer's office. The
construction of private streets are prohibited except as specified in section 18-57(o).
(o) Private streets may be permitted in business, industrial, office, R-8,
R-12, and R-16. Up to four (4) lots in thc A 2, RR, RSF, and
districts may be served by a private street if the city finds the
following conditions to exist:
(1) The prevailing development pattern makes it unfeasible or inappropriate to
constrict a public street. In making this determination the city may consider
the location of existing property lines and homes, local or geographic
conditions and the existence of wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of
the public street system is not required to serve other parcels in the area,
improve access, or to provide a street system consistent with the
comprehensive plan.
(3) The use of a private street will permit enhanced protection of the city's
natural resources including wetlands and forested areas.
If the use of a private street is to be allowed, it shall be subject to the following, standards:
(1) The common sections of a private street serving 2 units or more in the A-2,
RR, RSF, and R4 districts must be built to a seven-ton design, paved to a
width of twenty (20) feet, utilize a maximum grade of ten (10) percent, and
provide a turnaround area acceptable to the fire marshal based upon
guidelines provided by applicable fire codes. Private streets serving R-8, R-
12, and R-16, shall be built to a seven-ton design, paved a minimum width
of twenty-four (24) feet, utilize a maximum grade of ten (10) percent, and
provide a turnaround acceptable to the Fire Marshal based on applicable fire
codes. Private streets serving business, industrial and office districts shall be
built to a nine-ton design, paved a minimum width of twenty-six (26) feet,
utilize a maximum grade of ten (10) percent, and provide a turnaround area
acceptable to the fire marshal based on guidelines provided by applicable
fire codes. Plans for the street shall be submitted to the city engineer. Upon
completion of the drivcway p~~~ t~fe_~t~, the applicant shall submit a set of
"as-built" plans signed by a registered civil engineer.
(2) Private streets must be maintained in good condition and plowed within
twenty-four (24) hours of a snowfall greater than two (2) inches. Covenants
concerning maintenance shall be filed against all benefitting properties.
Parking on the private street or otherwise blocking all or part of the private
street shall be prohibited.
(3) Private streets that are not usable by emergency vehicles because of
obstructions, snow accumulation, or poor maintenance are a public safety
hazard. The city may remedy such conditions and assess the cost back to the
property pursuant to Minnesota Statutes section 429.101, Subdivision 1 (C).
(4) The private street shall be provided with adequate drainage facilities to
convey storm runoff which may require hydrologic calculations for a ten-
year storm should be included. In the R-8, R-12, R-16, business, industrial,
and office districts, these improvements shall include concrete curb and
gutter.
(5) Street addresses or city approved street name sign, if required, must be
posted at the point where the private street intersects the public right-of-
way.
(6) The private street shall be designed to minimize impacts upon adjoining
parcels. The city may require revised alignments, ~
~ and landscaping to minimize impacts. An
erosion control plan should be completed and approved prior to
construction.
(7) The private street in the A-2, RR, RSF, and R-4 districts, must be located
within a strip of property at least thirty (30) feet wide extending out to the
public right-of-way or covered by a thirty-foot wide easement that is
permanently recorded over all benefitted and impacted parcels. Private
streets serving R-8, R-12, R-16, business, industrial, and office districts,
must be located within a strip of property at least forty (40) .feet wide
extending out to the public right-of~-way or covered by a forty foot wide
easement that is permanently recorded over all benefitted and imPacted
parcels.
(8) Maintenance and repair of utilities located within the private drivcway
[~t easement shall be the responsibility of the benefiting property.
(p) Private reserve strips controlling public access to streets shall be prohibited.
(q) Flag lots ~~ may be permitted in the A2,
RR, RSF and R4 if the ~ if the city finds the
following conditions exist:
(1) The prevailing development pattern makes it unfeasible or inappropriate to
construct a public/private street. In making this determination, the city may
consider the location of existing property lines and homes, local or
geographic conditions and the existence of wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of
the public or a private street system is not required to serve other parcels in
the area, improve access, or to provide a street system consistent with the
comprehensive plan.
(3) The use of a private stree~~ will permit enhanced prOtection of the
city's natural resources, including wetlands and protected areas.
(Ord. No. 33-D, 8 6-2, 2-25-85; Ord. No. 125, 8 1, 3-26-90; Ord. No. 135, 88 1, 2, 12-10-
90; Ord. No. 209, 8 1, 6-27-94; Ord. No. 240, 8 5, 7-24-95)
Sec. 18-58. Alleys.
Alleys are prohibited except for fire lanes in commercial and industrial
developments or if approved as a part of a PUD.
(Ord. No. 33-D, § 6.3, 2-25-85; Ord. No. 240, § 6, 7-24-95)
Sec. 18-59. Blocks.
The length and width of blocks shall be sufficient to provide convenient and safe
access, circulation, control and street design. Blocks shall 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.
(Ord. No. 33-D, § 6.4, 2-25-85)
Sec. 18-60. Lots.
(a) All lots shall abut for their full required minimum frontage on a publicly
dedicated street as required by the zoning °rdinance~ or oi, ?~%s~'~ a
private stree~ or a flag lot which shall have a minimum of thirty (30) feet of
frontage.
(b) Side lines of lots shall be substantially at right angles to straight street lines
or substantially radial to curved street lines.
(c)Lots shall be graded to drain away from building locations.
(d) Lots shall be placed to preserve and protect natural amenities, such as
vegetation, wetlands, steep slopes, water courses and historic areas.
(e)Lot remnants are prohibited.
(f) Street arrangements for the proposed subdivision shall not cause undue
hardship to owners of adjoining property in subdividing their own land.
(g) 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 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.
(h) Lot layouts should take into consideration the potential use of solar energy
design features.
(i) Driveway grades shall be a minimum of one-half (1/2) percent and a
maximum grade of ten (10) percent.
(Ord. No. 33-D, § 6.5, 2-25-85; Ord. No. 240, § 7, 7-24-95)
Sec. 18-61. Landscaping and tree preservation requirements.
(a)
Primary Specimen
Deciduous Trees
Acer saccharum
Carya ovata
Celtis occidentalis
Juglans nigra
·
Quercus rubra
Quercus alba
Quercus bicolor
Quercus macrocarpa
Robinia pseudoacacia
Tilia americana
Required landscaping/residential subdivision.
(1) Each lot shall be provided with a minimum of one (1) tree to be placed in the
front yard. The type of tree shall be subject to city approval. (The city will
provide a list of species). Coniferous trees must be at least six (6) feet high
and deciduous trees must be at least two and one-half (21/2) inches in diameter
at the time of installation. This requirement may be waived by the city where
the applicant can demonstrate that a suitable tree having a minimum diameter
of two and one-half (21/2) inches for deciduous and six-foot height for
evergreen and four (4) feet above the ground is located in an appropriate
location on the lot. The following trees may be used to meet planting
requirements:
Common Name
Maple, Sugar or hard
Shagbark Hickory
Hackberry
Black Walnut
Oak, Red
Oak, White
Oak, Bicolor
Oak, Bur
Black Locust
Linden, American
Secondary Deciduous Trees
Acer platanoides 'Cleveland'
Acer platanoides
Acer platanoides
Acer platanoides
Acer platanoides
Acer platanoides
Acer platanoides
'Columnar'
'Crimson King'
'Emerald Lustre'
'Emerald Queen'
'Jade Glen'
'Schwedler'
Acer platanoides 'Superform'
Acer platanoides, ' Variegatum '
Maple,
Maple,
Maple,
Maple,
Maple,
Maple,
Maple,
Maple,
Maple,
Cleveland Norway
Columnar
Crimson King
Emerald Lustre Norway
Emerald Queen Norway
Jade Glen
Schwedler Norway
Superform Norway
variegated Norway
Acer rubrum
Acer rubrum 'Northwood'
Acer saccaharinum 'Silver Queen'
Aesculus glabra
Betula nigra
Betula papyrifera
Betula pendula 'Dalecarlica'
Catalpa speciosa
Fraxinus americana
Fraxinus pennsylvanica 'Marshall's
Seedless'
Ginkgo biloba
Gleditsia triacanthos inermis
Gleditsia triacanthos inermis 'Imperial'
Gleditisai triacanthose inernzis 'Skyline'
Gy~nnocladus dioicus
Ostrya virginiana
Populus tremuloides
Sorbus spp.
Ornamental
Acer ginnala
Amelanchier
Crataegus spp.
Malus baccata columnaris
Malus (various species)
Phellodendron amurense
Prunus cerasifera 'Newport'
Maple, Red
Maple, Northwood Red
Maple, Silver Queen
Ohio Buckeye
Birch, River
Birch, paper
Birch, cut leaf weeping
Northern Catalpa
Ash, White
Ash, Marshall's Seedless
Ginkgo
Honeylocust, thornless.
Honeylocust, Imperial
Honeylocust, Skyline
Coff eetree, Kentucky
Ironwood
Aspen
Ash, Mountain
Maple, Amur
Serviceberry or Juneberry
Hawthorne
Crabapple, Columnar Siberian
Crabapple, flowering- Varieties:
Dolgo, Flame, Radiant,
Red, Silver, Red Splendor
Amur Corktree
Plum, Newport
Prunus tritoba
Prunus virginiana 'Schubert'
Rhamnus frangula ' Columnaris'
Syringa reticulata
Tilia cordata
Tilia cordata ' Greenspire '
Tilia x euchtora 'Redmond'
Plum, flowering or Rose Tree of China
Chokeberry, Schuberts
Buckthorn, Tallhedge
Lilac, Japanese tree
Linden, Littleleaf
Linden, Greenspire
Linden, Redmond
Conifers
Abies balsamea
Abies concolor
Larix laricina
Picea abies
Picea glauca
Picea gIauca densata
Picea pungens
Picea pungens 'Glauca'
Pinus nigra
Pinus ponderosa
Pinus resinosa
Pinus strobus
Pinus sylvestris
Pseudotsuga menziesii
Thuja occidentalis
Thuja °ccidentalis 'Techny'
(2)
(3)
Fir, Balsam
Fir, Concolor
Tamarack
Spruce, Norway
Spruce, White
Spruce, Black Hills
Spruce, Colorado Green
Spruce, Colorado Blue
Pine, Austrian
Pine, Ponderosa
Pine, Norway
Pine, White
Pine, Scotch
Fir, Douglas
Arborvitae
Techny Arborvitae
The tree must be installed prior to receiving a certificate of occupancy or
financial guarantees acceptable to the city must be provided to ensure timely
installation.
All areas disturbed by site grading and/or construction must be seeded or
sodded immediately upon completion of work to minimize erosion. When
certificates of occupancy are requested prior to the satisfaction of this
requirement, financial guarantees acceptable to the city, must be provided.
(4) No dead trees or uprooted stumps shall remain after development. On-site
burial is not permitted.
(5) Landscaped buffers around the exterior of the subdivision shall be required
by the city when the plat is contiguous with collector or arterial streets as
defined in the comprehensive plan and where the plat is adjacent to more
intensive land uses. Required buffering shall consist of berms and landscape
material consisting of a mix of trees and shrubs and/or tree preservation
areas. No fences will be permitted between the required buffer and the
collector or arterial street. Where appropriate, the city may require
additional lot depth and area on lots containing the buffer so that it can be
adequately accommodated and the homes protected from impacts. Lot
depths and areas may be increased by twenty-five (25) percent over zoning
district standards. The landscape plan must be developed with the
preliminary and final plat submittals for city approval. Appropriate financial
guarantees acceptable to the city shall be required.
(b) It is the policy of the city to preserve natural woodland areas throughout the
city and with respect to specific site development to retain as far as practical, substantial
tree stands which can be incorporated into the overall landscape plan.
(c) No clearcutting of woodland areas shall be permitted except as approved in
a subdivision, planned unit development or site plan application.
The following standards shall be used in evaluating subdivisions and site
(d)
plans:
(1)
(2)
It is a policy of the City of Chanhassen to protect the integrity of the natural
environment through the preservation, protection, and planting of trees. The
city finds that trees provide many benefits including: stabilization of the soil
by the prevention of erosion and sedimentation, reduction of storm water
runoff and the costs associated therewith, improvement of air quality,
reduction of noise pollution, control of urban heat island effect, protection
and increase of property values, protection of privacy, energy conservation
through natural insulation, control of drainage and restoration of denuded
soil subsequent to construction and grading, protection from severe weather,
providing habitat for birds and other wildlife, conservation and enhancement
of city's physical and aesthetic environment, reforestation of open lands, and
general protection and enhancement of the quality of life and general
welfare of the city. It is therefore the purpose of this section to provide
regulations related to the cutting, removal, or killing of trees on construction
and development sites and to ensure the protection and preservation of the
natural environment and beauty of the City of Chanhassen.
Prior to the submittal of development plans, a tree survey of the site shall be
prepared by a registered landscape architect, licensed forester, or other
professional approved by the city. This survey shall include the species,
DBH size, condition, location of all significant, special, damaged or
diseased trees on site. All significant special, damaged or diseased trees
shall be tagged and identified by number on the survey° A delineation of the
existing canopy coverage area(s) which outlines all areas covered by tree
canopy shall be included as part of the survey. Additionally, all damaged
and diseased trees shall be cataloged with the nature and extent of any
damage or disease specified.
a. Based on this survey and either site observation and measurement or a
current aerial photograph (taken within one (1) year of the date of plan
submittal) interpretation, the following shall be calculated:
1. Base line canopy coverage.
2. Minimum canopy coverage requirements.
The following table shall be used to determine the minimum amount of
canopy coverage that must be maintained or provided on-site as part of the
development. It shall represent the minimum canopy coverage, consisting of
existing tree canopy and/or additional trees required for the site. Existing
wetland areas located on site shall be excluded from the calculation of site
area in the determination of site coverage. If a forested area is to be
dedicated to the city for park land, then this area shall not be included in the
base line canopy coverage area calculation nor shall it county ~ towards
the minimum canopy coverage for the site.
Base Line Canopy Coverage Per Acre
Comprehensive Plan Designation 80-- 60--79% 40--59% 20--39% 19% or
100% less
Commercial/industrial/institutional 28% 25% 20% 14% 10%
High density residential .
Medium density residential
Low density residential
Large lot residential
35% 30% 25% 20% 15%
40% 35% 30% 25% 20%
55% 46% 35% 30% 25%
68% 56% 43% 35% 25%
Base line canopy coverage is the canopy coverage existing at the time the development
application is filed with the city. Minimum canopy coverage is determined by using the
matrix.
Priority shall be given to retaining stands of trees and undisturbed wooded lands over
individual specimen trees that will be incorporated into the development. No more than
ten (10) percent of the canopy retention requirement may be met by an individual tree
that is not included within a designated woodland area.
For developments that do not meet the minimum canopy coverage, the developer shall be
required to develop a forestation plan to bring the total canopy coverage up to the
minimum requirement. Where existing woodlands are removed or there is a loss of trees
that would otherwise be used to meet the canopy coverage retention requirement, the
developer shall develop a woodland replacement plan. The replacement plan must
designate an area at least one and two-tenths (1.2) times the removed canopy coverage
area that shall be planted with replacement trees for those removed. These plans shall
locate additional trees either as a continuation of existing stands of trees that are to be
preserved or create new stands of trees in desirable locations such as along roadway
corridors, on the north and west perimeters of the development, in common open areas,
or adjacent to park facilities.
The following criteria shall be followed in establishing minimum canopy coverage:
1. When planting trees, one (1) tree shall be deemed to provide one thousand
eighty-nine (1,089) square feet of required canopy coverage;
2. Trees must be from the approved list of desirable species (preference given
for trees designated as native);
3. No more than one-third (1/3) of the trees may be from any one (1) tree
species;
4. Trees shall average at least two-and-one-half-inch caliper and may be a
minimum of one-and-one-half-inch caliper;
5. Not less than twenty (20) percent of the trees shall be conifers;
6. Conifer trees shall average seven (7) feet and shall be a minimum of six (6)
feet in height;
7. Plant materials used for the reforestation shall be of a similar species as
vegetation found on site;
8. Trees shall be used that are appropriate to the soil conditions found on site;
and
9. Trees shall be from certified nursery stock as defined and controlled by
Minnesota Statute sections 18.44 through 18.61, the Plant Pest Act.
(3) To the extent practical, site design shall preserve significant woodland areas and
special trees. Special priority for tree preservation shall be given to areas within
floodplains, wetlands, stream corridors, wooded slopes, and along collector and
arterial roadway corridors. To facilitate this, a woodland management plan, which
may include preservation, forestation, and replacement-elements, shall be
formulated by the developer as one component of the development proposal. The
woodland management plan shall be prepared and signed by a registered
landscape architect, licensed forester, or other professional approved by the city.
This plan shall include the following information:
a. Tree survey;
b. Designated woodland areas;
c. Location and size of replacement/forestation tree planting areas;
d. List of all replacement trees including species, caliper; and planting method;
e. Methods of tree protection;
f. Location of all protective fencing;
g. Special construction methods to be utilized;
h. Location of all retaining walls;
i. Statement explaining why replacement trees are necessary;
j. Rationale for selection of placement/forestation trees.
(4) In single-family detached residential developments, the applicant must demonstrate
that suitable home sites exist on each lot by describing a sixty-foot by sixty-foot
building pad (which includes deck area) without intruding into required setbacks
and easements.
(5) Minimizing the tree loss should be achieved by any combination of the following:
a. Realignment of streets, utilities and lot lines.
b. Consideration of alternative utility configurations such as the use of ejector
pumps, force mains, or revised home elevations to minimize grading.
(6)
(7)
(8)
(9)
c. Reductions in str-e~ ~~ width and right-of-way and increase in street
grade up to ten (10) percent when the applicant can demonstrate that
significant tree preservation is directly related to the modification.
d. Use of private drivcs ~~ in lieu of public streets.
e. Variation in street radius and design speed.
fi Modified grading plans.
g. Within PUDs, the city council may consider waiving minimum lot area
requirements and/or density transfers as long as it can be demonstrated by
the applicant, that tree preservation can be enhanced. In no case shall overall
project densities exceed what is allowed by the Comprehensive Plan. The
greater the level of preservation, the greater flexibility will be considered by
the city.
h. Within PUDs, variations to building setback lines provided a minimum
twenty (20) foot building separation is maintained between buildings on
adjacent lots. The setback variations shall be established and recorded as
part of the plat approval.
Trees designated for preservation shall be protected by snow fences with clearly
marked signage specifying that the area is off limits for construction activities, or
other means acceptable to the city, prior to land preparation or construction
activities. Protective barriers must be located at twelve (12) times the tree
diameter at DBH from the base of the tree the critical root zone, and must remain
in place until all construction activities are terminated. No equipment, chemicals,
soil deposits, or construction materials shall be placed within the protective
barriers. All understory trees and natural vegetation should be preserved within
the boundaries of the protective areas. Where this protection area cannot be
maintained or would otherwise render lots undevelopable, an alternate protection,
mitigation or tree replacement plan may be considered and approved by the city.
This plan may include the use of retaining walls, installation of aeration systems,
requirement for post construction deep root fertilization and soil aeration, or
construction vehicle ramp systems.
At the city's discretion, conservation easements may be required to protect
designated tree preservation areas. Such easements shall be permanently marked
and signed as a conservation area with low profile monumentation acceptable to
the city. A monument is required for each three hundred (300) linear feet of tree
conservation area. Within designated woodland areas, the city shall encourage the
use of indigenous grasses and plant species to more closely resemble a natural
area. Home owners associations shall be responsible for the maintenance of
vegetation in common areas. Individual property owners shall be responsible for
the maintenance of vegetation on their property. The planting of trees in excess of
those required by this ordinance is permitted within the designated woodland area.
During the removal process, trees shall be removed so as to prevent blocking of
public rights-of-way or interfering with overhead utility lines.
The removal of diseased and damaged trees is permissible only if they cannot be
saved. These trees shall not be counted when computing the base line tree canopy
coverage.
(10) If any protected significant trees are removed or killed or there is a loss of trees as
the result of construction activities, the city requires replacement at the rate of two
(2) caliper inches per each inch of DBH of the removed, killed, or lost trees. The
replacement trees shall be at least two and a half (21/2) inches caliper and will be
species that conform to the List of Desirable Tree Species for Planting in
Chanhassen. No more than one-third (1/3) of the trees may be from any one (1)
tree species. Other species or sizes may be used as replacement trees subject to
approval by the city. Alternately, at the city's discretion, if a developer removes
trees within a protected area, the canopy coverage area shall be calculated for that
area and a replacement area one and one-half (1.5) times the canopy coverage
area that was removed shall be planted. One tree shall be planted for each one
thousand eighty-nine (1,089) square feet of required replacement area. Trees shall
be from the list of desirable tree species, no more than one-third (1/3) of trees from
any one (1) tree species, average two-and-one-half-inch caliper with a minimum
one-and-one-half-inch caliper, a similar species as vegetation existing on site, and
appropriate to the soil conditions. Any replacement trees that cannot be planted on
the original site due to space restrictions shall be planted on city property at
locations to be determined by the city.
(11) Financial guarantees acceptable to the city shall be required to ensure compliance
with this section.
(e) Financial guarantees acceptable to the city shall be required to ensure
satisfactory installation of landscaping requirements.
(Ord. No. 33-D, § 6.6, 2-25-85; Ord. No. 153, § 2, 11-4-91; Ord. No. 204, §§ 1, 2, 5-9-
94; Ord. No. 240, § 7, 7-24-95; Ord. No. 250, § 1, 4-8-96; Ord. No. 255, § 1, 7-22-96)
Cross reference(s)--Landscaping and tree removal, § 20-1176 et seq.
Sec. 18-62. Erosion and sediment control.
(a) The development shall conform to the topography and soils to create the
least potential for soil erosion.
(b) The smallest practical increment of land shall be exposed at any one (1)
time during development.
(c) Detailed requirements for each plat shall be set forth in the development
agreement.
(d) Subdivision development shall conform to the city's Construction Site
Erosion and Sediment Control Best Management Practices Handbook, as amended.
(Ord. No. 33-D, § 6.7, 2-25-85; Ord. No. 178, § 1, 10-26-92)
Sec. 18-63. Surface water management.
(a) All subdivisions shall comply with the city's surface water management
plan dated February 1994, which is incorporated herein by this reference.
(b) In accordance with the city's surface water management plan as a condition
of subdivision approval, subdividers shall pay a water quality and water quantity
connection charge. The charge shall be based upon the gross area of the subdivision less
the area to be dedicated to the city for ponding, parks and wetland, and fight-of-way for
state highways, county roads, and local arterial roadways. The subdivision will be given a
credit for any onsitestorm water improvement which has been oversized to serve property
outside the subdivision. The charge for lots oversized due to individual onsite sewage
disposal and water systems will be reduced to the charge that would be imposed on a one-
half acre lot. An additional charge will then be imposed if the lot is further subdivided
less a credit for the charge previously paid. The charge shall be paid in cash before the
subdivision is approved by the city unless the city and subdivider agree that the charge
may be assessed against the property. Property being subdivided shall be exempt from the
water quality and water quantity connection charges imposed by this section if the
charges were paid or assessed in conjunction with a previous subdivision of the property
and if the property is not being zoned to a classification with a higher charge.
(c) Within the Bluff Creek Overlay (BCO) District, meet the additional
purpose, intent and standards of the BCO District.
(Ord. No. 33-D, § 6.8, 2-25-85; Ord. No. 225, § 1, 10-24-94; Ord. No. 286, § 2, 12-14-
98)
Secs. 18-64-- 18-75. Reserved.
ARTICLE IV. EASEMENTS, DEDICATION OF LAND OR CASH
CONTRIBUTION FOR PUBLIC PURPOSE AND REQUIRED IMPROVEMENTS
Sec. 18-76. Easements.
· .
(a) All easements shall be dedicated by appropriate language on the final plat in
accordance with this section.
(b) Easements at least ten (10) feet wide along all street right-of-way lines, five
(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.
(c) Easements shall be provided along each side of the centefline of any water
course or drainage channel, to a width sufficient to provide proper maintenance and
protection and to provide for storm water mn-off from a one-hundred-year storm of
twenty-four (24) hours' 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.
(Ord. No. 33-D, § 7, 2-25-85)
Sec. 18-77. Dedication of land or contribution in cash for public purposes.
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.
(Ord. No. 33-D, § 8, 2-25-85; Ord. No. 85, § 1, 3-14-88)
Sec. 18-78. Required improvements.
(a) The subdivider shall submit engineering plans and specifications
satisfactory to the city for all required improvements, as listed or as specified in this
chapter. These improvements must be initiated within one (1) year of final plat approval
and completed within two (2) years.
(b) The following public improvements are required in every plat:
(1) All subdivision boundary comers, block and lot comers, road ~e~
intersection comers and points of tangency and curvature shall be marked
with durable iron or steel 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) As a rule, the surface water discharge rate from the subdivision is to be
retained at the predevelopment rate for a one-hundred-year, twenty-four-
hour storm event through the use of surface water detention/retention
facilities or other appropriate means as approved by the city engineer.
(3) Every sl-Fe~ ~~ 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.
(4) Concrete curb and gutter shall be required for all urban street sections.
(5) Sidewalks may be required.
(6) 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.
(7) Street lighting of a type approved by the city shall be required at
intersections and other locations.
(8) 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, which meet
applicable city ordinance requirements for individual sewage disposal
systems must be provided.
(9) A system that will adequately accommodate the surface water runoff within
the subdivision, as required by this chapter, shall be provided.
(10) Street signs of standard design approved by the city shall be installed at
each street intersection. Regulatory signs shall be installed as required.
(11) 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 in favor of the city for the purpose of protecting its
hydraulic efficiency and natural character and beauty. There shall also then
be granted to the city the right of ingress to and egress from the dedicated
land.
(12) All utility lines for telephone and electrical service shall be placed
underground or where this is not feasible shall be placed in rear lot line
easements when carded on overhead poles.
(c) 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 chapter will be installed and paid for at
no city expense. 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. For improvements which the city agrees to install,
the developer shall pay the cost of such improvements through payment of special
assessments.. As security to the city for installation of the improvements 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.
(Ord. No. 33-D, § 9, 2-25-85; Ord. No. 33-E, § 1, 12-15-86)
Sec. 18-79. Park land dedication requirements.
(a) As a prerequisite to subdivision approval, subdividers shall dedicate land for
parks, playgrounds, public open spaces and trails and/or Shall make a cash contribution to
the city's park fund and trail fund as provided by this section. -
(b) Land to be dedicated shall be reasOnably suitable for its intended use and
shall be at a location convenient to the people to be served. Factors used in evaluating the
adequacy of proposed park and recreation areas shall include size, shape, topography,
geology, hydrology, tree cover, access and location.
(c) The park and recreation committee shall recommend to the city council the
land dedication and cash contribution requirements for proposed subdivisions.
(d) Changes in density of plats shall be reviewed by the park and recreation
committee for reconsideration of park dedication and cash contribution requirements.
(e) When a proposed park, playground, recreational area, school site or other-
public ground has been indicated in the city's official map or comprehensive plan and is
located in whole or in part within a proposed plat, it shall be designated as such on the
plat and shall be dedicated to the appropriate governmental unit. If the subdivider elects
not to dedicate an area in excess of the land required hereunder for such proposed public
site, the city may consider acquiring the site through purchase or condemnation.
(f) Land area conveyed or dedicated to the city shall not be used in calculating
density requirements of the city zoning ordinance and shall be in addition to and not in
lieu of open space requirements for planned unit developments.
(g) Where private open space for park and recreation purposes is provided in a
proposed subdivision, such areas may be used for credit, at the discretion of the city
council, against the requirement of dedication for park and recreation purposes, provided
the city council finds it is in the public interest to do so.
(h) The city, upon consideration of the particular type of development, may
require larger or lesser parcels of land to be dedicated if the city determines that present
or future residents would require greater or lesser land for park and playground purposes.
(i) In residential plats one (1) acre of land shall be conveyed to the city as an
outlet by warranty deed for every seventy-five (75) people the platted land could house
based upon the following population calculations:
Single-family detached dwelling lots .........
Two-family dwelling lots ..........
Apartment, townhouses, condominiums
and other dwelling units, per bedroom .......
3.0 persons
6.0 persons
1.0 person
(j) In plats other than residential plats, either a cash donation equal to ten (10)
percent of the fair market value of the undeveloped property or ten (10) percent of the
gross area of land being platted or a combination thereof, shall be conveyed to the city.
(k) In lieu of a park land donation, the city may require an equivalent cash
donation based upon average undeveloped land value in the city. The cash dedication
requirement shall be established annually by the city council.
(1) In lieu of a trail donation, trail construction, or trail easement dedication, the
city may require a cash donation for the trail system..The cash dedication requirement
shall be established annually by the city council.
(m) The city may elect to receive a combination of cash, land, and development
of the land for park use. The fair market value of the land the city wants and the value of
the development of the land shall be calculated. That amount shall be subtracted from the
cash contribution required by subsection (k) above. The remainder shall be the cash
contribution requirement.
(n) "Fair market value" shall be determined as of the time of filing the final plat
in accordance with the following:
(1) The city and the developer may agree as to the fair market value, or
(2) The fair market value may be based upon a current appraisal submitted to
the city by the subdivider at the subdivider's expense.
(3) If the city disputes such appraisal the city may, at the subdivider's expense,
obtain an appraisal of the property by a qualified real estate appraiser, which
appraisal shall be conclusive evidence of the fair market value of the land.
(o) Planned developments with mixed land uses shall make cash and/or land
contributions in accordance with this section based upon the percentage of land devoted
to the various uses.
(p) One-third (1/3) of the park and trail cash contribution shall be paid
contemporaneously with the city's approval of the subdivision. The balance, calculated as
follows, shall be paid at the time building permits are issued: rate in effect when a
building permit is issued minus the amount previously paid.
(q) The cash contributions for parks and trails shall be deposited in either the
city's park and recreation development fund or multipurpose pedestrian trail fund and
shall be used only for park acquisition or development and trail acquisition or
development.
(r) If a subdivider is unwilling or unable to make a commitment to the city as to
the type of building that will be constructed on lots in the proposed plat, then the land and
cash contribution requirement will be a reasonable amount as determined by the city
council.
(s) Wetlands, ponding areas and drainage ways accepted by the city shall not be
considered in the park land and/or cash contribution to the city.
(t) Subdividers of land abutting streets that have been designated in the city's
comprehensive trail plan for the installation of a trail shall be required to dedicate the
land for the trail to the city and construct the trail. An appropriate trail fee credit shall be
granted.
(Ord. No. 85, § 2, 3-14-88; Ord. No. 182, §§ 1, 2, 3-8-93; Ord. No. 198, § 1, 2-14-94)
Editor's note--Section 2 of Ord. No. 85, adopted Mar. 14, 1988, amended the Code by
adding a new § 18-78 thereto. Inasmuch as there already existed a § 18-78, the editor has
designated the new provisions as § 18-79.
Cross reference(s)--Parks and recreation, Ch. 14; neighborhood park acquisition and
improvement,§ 14-31 et seq.; official maps, § 15-20 et seq.
Sec. 20-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to the in this section, except where the context clearly indicates a
different meaning:
Building setback line means a line on a lot, generally parallel to a lot line, high
water mark, shoreline or roaff~ right-of-way line, located a sufficient distance
therefrom to provide the minimum yards required by this chapter. The building setback
lines delimit the area in which buildings and other regulated structures are permitted
subject to all applicable provisions of this chapter.
Lot means 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 utilized for a principal use and uses accessory thereto, including
such open spaces and yards as are designed and arranged or required by this chapter for
such building, use or-development.
Lot line means a line of record bounding a lot which divides one (1) lot from
another lot or from a street ............. right-of-way or any other public space.
Lot line, front means the 16t line separating a lot from a shoe4 ~. ~a. dW~ right-of-
way. In the case of a comer lot it shall be the lot line with the shortest dimensions on the
street.
Setback means the minimum horizontal distance between a structure and the
nearest property line or roadway cascmcnt linc ~~; and, within shoreland areas.
Setback also means the minimum horizontal distance between a structure or sanitary
facility and the ordinary high water mark.
Stdewalk..~e:word~s~dewaIk¢~ means.~pedestnan~wa_y;~ pubhc or~nvate~
Street width means the shortest distance between the lines delineating the right-of-
way of a saree{ k0adWay.
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