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Home My WebLink About9A - New Subdivision Ordinance MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: l:\newsubd\cc agenda.doc CITY COUNCIL AGENDA REPORT MAY 7, 2001 9A JANE KANSIER, PLANNING COORDINATOR DONALD RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF AN ORDINANCE REPLACING PRIOR LAKE CITY CODE SECTION 1000, SUBDIVISION REGULATIONS History: The City staff has been working on revising and updating the City Subdivision Ordinance. The Planning Commission and the City Council reviewed a draft of the Subdivision Ordinance at a workshop on October 30, 2000. At that time, the staff discussed several issues pertaining to this ordinance and received some guidance from the City Council and the Planning Commission. These changes have been incorporated into the attached draft of the Subdivision Ordinance. The City Attorney has also reviewed the draft ordinance and provided input. The Planning Commission considered the proposed Subdivision Ordinance at a public hearing on February 26,2001. The Planning Commission determined the proposed ordinance was consistent with objectives discussed at previous meetings. The Planning Commission recommended approval of the proposed Subdivision Ordinance. A copy ofthe minutes of the February 26, 2001 meeting is attached to this report. Current Circumstances: The Subdivision Ordinance is primarily a technical document outlining the regulations and procedures for the subdivision of land. The ordinance looks at every type of subdivision, from lot line adjustments to new developments with many lots. The proposed ordinance does not differ substantially from the existing ordinance, except perhaps in format. The proposed ordinance contains the following elements: GENERAL PROVISIONS: This section outlines the purpose of the Subdivision Ordinance, and the conditions under which it is applicable. This section also includes definitions for the various terms used in the ordinance. Since the Zoning Ordinance contains many of the same terms, we have used the same definitions. In some instances, 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .1 11 . J ];\newsubd\cc agenda.doc we may have revised or clarified definitions. In these cases, the Zoning Ordinance should also be amended to include the same definitions. PROCEDURES: This section includes the application and approval process for preliminary and final plats. New to the proposed ordinance is a section outlining the optional procedure for submittal of a concept plan. The ordinance also includes provisions for determining whether or not a subdivision is premature. This section is required as a condition of approval of the City's floating MUSA. PLAT AND DATA REQUIREMENTS: This section details the minimum application requirements for concept plans, preliminary plats, and final plats. One of the changes proposed is a decreased level of detail required for preliminary plat applications. This section also outlines a procedure for handling modifications, both major and minor, to approved final plans. DESIGN STANDARDS: This section details the design standards for a subdivision, including lot sizes, blocks, streets, utilities, and other public improvements. Some of the proposed changes include larger lot areas for double frontage lots, and a buffer zone requirement around wetlands. This section also details the parkland dedication requirements. REQUIRED IMPROVEMENTS: This section outlines the infrastructure and public improvements required in a new subdivision, along with the responsibility of the developer and the City. This section also includes requirements for subdivision trees, seeding and sodding for new lots. ADMINISTRATION AND ENFORCEMENT: This section outlines procedures for nonplatted subdivisions, including administrative lot subdivisions and metes and bounds subdivisions. It also includes the procedures for variances to the provisions of the Subdivision Ordinance and violations to the provisions of the ordinance. Issues: The major issue pertaining to this ordinance is its effective date. Adopting a comprehensive ordinance such as this also requires changes to other City documents, such as the standard development contract. In order to allow the time needed to change these documents, as well as to provide time for printing and publishing the new ordinance, the staff would recommend a delay in the effective date of the ordinance until July 1,2001. This not only provides staff time, but also allows those affected by this ordinance, such as developers, engineers and surveyors, the time to obtain copies and familiarize themselves with the documents. Conclusion: The proposed ordinance contains the necessary requirements for land development and subdivisions. The ordinance is 2 AL TERNA TIVES: RECOMMENDED MOTION: REVIEWED BY: ]:\newsubd\cc agenda. doc .11 also consistent with the objectives discussed by the City Council at earlier workshops. The Planning Commission and the staff recommend adoption of the attached ordinance. The City Council has three alternatives: 1. Adopt Ordinance Ol-XX replacing Prior Lake City Code Section 1000, Subdivision Regulations. 2. Deny Ordinance 01-XX. 3. Provide staff with specific direction. Adopt Ordinance aI-XX replacing Prior Lake City Code Section 1000, Subdivision Regulations. Approval of this ordinance requires a 4/5 City Council vote. 3 . III CITY OF PRIOR LAKE ORDINANCE NO. 01-XX AN ORDINANCE REPLACING PRIOR LAKE CITY CODE SECTION 1000, SUBDIVISION REGULATIONS The City Council of the City of Prior Lake does hereby ordain: Section 1. The City Council has considered the advice and recommendation of the Planning Commission, staff reports and other pertinent material pertaining to the comprehensive Subdivision Ordinance for the City of Prior Lake, and the testimony of interested persons at a public hearing on February 26,2001. Section 2. The City Council adopts the following findings: 1. The Subdivision Regulations are adopted to safeguard the best interest of the City and to assist in balancing and harmonizing the interests of subdividers with those ofthe City at large. 2. The Subdivision Regulations are necessary to promote and protect the health, safety and general welfare of the City at large. 3. The Subdivision Regulations are adopted pursuant to the authority contained in Minnesota Statutes. Section 3. Prior Lake City Code Part 10 (Subdivision Regulations) is hereby repealed. Section 4. The document entitled City of Prior Lake, MN, Chapter 1000, Subdivision Regulations, dated April 27, 2001, attached hereto as Exhibit A is hereby adopted and hereby replaces Prior Lake City Code Part 10 inclusive and substitutes new sections numbered 1000.100 through 1006.304 inclusive. Section 5. This ordinance shall become effective on July 1,2001, after its passage and publication. Passed by the City Council of the City of Prior Lake this 7th day of May, 2001. }:\newsubdlord Ol-xx.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of Drafted By: City of Prior Lake Planning Department l:\newsubdlord Ol-xx.doc .11 T , 2001. 11 , 2 II! '. '-.. . 11 Vote taken indicated ayes by all. MOTION CARRIED. D. Public hearing to consider a proposed Subdivision Ordinance for the City of Prior Lake. Planning Coordinator Jane Kansier presented the Planning Report dated February 26, 2001, on file in the office of the City Planner. The City staffhas been working on revising and updating the City Subdivision Ordinance. The Planning Commission and the City Council reviewed a draft of the Subdivision Ordinance at a workshop on October 30, 2000. At that time, the staff discussed several issues pertaining to this ordinance and received some guidance from the City Council and the Planning Commission. These changes have been incorporated into the draft Subdivision Ordinance. Kansier gave an overview of the outline and proposed changes. Staff recommended approval of the proposed Subdivision Ordinance to the City Council. Comments from the public: Jim Stanton, 2973 Fox Hollow, this is one of the better ordinances. It is more practical. Stanton questioned the buffer around the wetlands. Kansier explained the buffer area is counted in lot area but not the wetlands. Stanton then commented on page 31 of the ordinance regarding outlots. Comments from the Commissioners: Atwood: · Rye explained outlots. Staff can come up with a modification of the language to utilize adjacent property or development. The City needs to be a little bit careful not to just give carte blanche. There is a way to address the issue. · Like the preliminary plat/final plat under 5 lots. · Likes the level of detail at the preliminary plat stage. · Overall it is great. Lemke: · Agreed with Atwood, anything we can do to save money in terms of the level of detail in the preliminary plat. It is great. · It is a good document. Stamson: · Concurred. Staff did an excellent job. · Questioned center islands in cul-de-sac. McDermott explained the snow removal. Unless there is a homeowners association to maintain the landscaping the island can become messy and scraggly. It is also why the City does not allow trees in the boulevard. It is a maintenance issue. L:\OI files\Ol plancomm\Olpcminutes\mn022601.doc 11 \. '.;,. ,. \ . There are typically several driveways in a cul-de-sac, it is hard to push the snow into people's yards without damage or complaints. Typically the snow is stacked in the center of the cul-de-sac until a later time when trucks can come and remove it. . It is more attractive to have a center island in a cul-de-sac. · Jim Stanton said they have islands in The Wilds, the one in his cul-de-sac is heavily treed. Snow can still be pushed into the center. They have had no problems. Provisions made by homeowners to maintain the islands and holding the City harmless will help. Atwood: . Is snow storage a big problem in the City? McDermott said it is this year. It can become an attractive nuisance for kids. . With islands you wouldn't have the problem of hauling the snow away and storage. . Stanton said everyone has the maximum driveway and there is np storage for snow. Pushing the snow in the center and hauling it away is better. Stanton agreed with McDermott that it can be a nuisance with kids. It is easier to haul away. Stamson: . The positives aesthetics outweigh the negatives of islands. V onhof: . There should be a provision by the homeowners to take care of the cul-de-sac islands. . The draft document reflects the experiences of the staff. Staffhas done a good job in all of the ordinance modifications. . Support sending the draft forward to the City Council. MOTION BY ST AMSON, SECOND BY ATWOOD, TO RECOMMEND CITY COUNCIL APPROVE THE PROPOSED ORDINANCE AS WRITTEN. Vote taken indicated ayes by alL MOTION CARRIED. 5. Old Business: A. Case File #00-083 Rock Creek Home Variance Resolution. Zoning Administrator Steve Horsman presented Resolution 01-007PC approving a 2.1 foot variance to permit a front yard structure setback of33.4 feet rather than the 35.5 feet as required for front setback averaging. MOTION BY STAMSON, SECOND BY ATWOOD, APPROVING RESOLUTION 01- 007PC APPROVING A 2.1 FOOT FRONT SETBACK. . L:\Ol files\Ol plancomm\Ol pcminutes\rrm022601.doc 12 . 11 . I IT 4/27/01 CITY OF PRIOR LAKE, MN CHAPTER 1000 SUBDIVISION REGULATIONS Subject............................................................. Chapter General Subdivision Provisions...................... 1001 Procedures For Filing And Review................. 1002 Plat And Data Requirements........................... 1003 Design Standards ............................................ 1004 Required Basic Improvements ........................ 1005 Administration And Enforcement................... 1006 1001.100 1001.200 1001.300 1001.400 1001.500 1001.600 1001.700 1001.100 1001.200 SECTION 1001 GENERAL SUBDIVISION PROVISIONS SHORT TITLE PURPOSE ApPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS CONDITIONS FOR RECORDING BUILDING PERMITS EXCEPTIONS DEFINITIONS SHORT TITLE: This chapter and the regulations set forth herein shall be known as the SUBDIVISION ORDINANCE OF THE CITY OF PRIOR LAKE and will be referred to herein as the "Subdivision Ordinance". PURPOSE: In order to safeguard the best interests of the City and to assist in balancing and harmonizing the interests of the subdivder with those of the City at large, the following regulations are adopted so that the adherence to same will bring results beneficial to both parties. It is the purpose of the Subdivision Ordinance to make certain regulations and requirements for the platting of land within the City, pursuant to the authority contained in Minnesota Statutes, which regulations the City Council deems necessary to promote and protect the health, safety and general welfare of this community. Page 1 1001.300 1001.400 1001.500 1001.600 111 4/27/01 ApPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS: Before any plat shall be recorded or be of any validity, it shall be referred to the City Planning Commission and be approved by the City Council as having fulfilled the requirements of the Subdivision Ordinance. CONDITIONS FOR RECORDING: No plat of any subdivision shall be entitled to record in the County Recorder's office or have any validity until the plat thereof has been prepared, approved and acknowledged in the manner prescribed by the Subdivision Ordinance. BUILDING PERMITS: No building permits shall be considered for issuance by the City for the construction of any building, structure or improvement to the land or to any lot in a subdivision as defined herein, until all requirements of the Subdivision Ordinance have been fully complied with. EXCEPTIONS: The following land divisions are exempted from the provisions of the Subdivision Ordinance and within 10 days of such a request, the City shall certify that the Subdivision Ordinance does not apply to such land divisions: (1) Divisions of land where the purpose is to permit the adding of a parcel of land to an abutting lot (lot line adjustment) or to create 2 lots (lot subdivision) and when the newly created property line will not cause the land or any structure to be in violation of the provisions of the Subdivision Ordinance or the Zoning Ordinance. (2) Combinations of 2 or more lots, or combinations of lots and portions of lots, with continuous frontage, in single ownership, and of record, are considered to be an individual parcel according to the provisions Section 1101.501 (3, c) of the Zoning Ordinance. (3) The combination of2 or more nonconforming lots of record separated by a private street as permitted under the provisions of Section 1101.501 (3, d). (4) The division of a base lot upon which a two-family dwelling, townhouse or a quadraminium that is a part of a recorded plat where the division is to permit individual private ownership of a single dwelling unit within such a structure and the newly created property lines will not cause any of the unit lots or the structure to be in violation of the Subdivision Ordinance or the Zoning Ordinance. Page 2 . Ili 1001.700 4/27/01 (5) Administrative Land Subdivisions approved under the provisions of Section 1006.100 of the Subdivision Ordinance. DEFINITIONS: For the purpose of this Subdivision Ordinance, certain words and terms are hereby defined as set forth in this Section and in Section 1101.400 of the Zoning Ordinance: Alley: A public right of way with a width not exceeding 24 feet nor less than 12 feet which affords a secondary means of access to property abutting the alley. Applicant: The owner of land proposed to be subdivided or the owner's representative. This term shall also include the subdivider and/or the developer of a subdivision. Base Lot: A lot with an existing two-family dwelling unit meeting all the specifications within its zoning district prior to being divided into a two- family subdivision. Block: An area of land within a subdivision that is entirely bounded by streets, or by streets and the entire boundary or boundaries of the subdivision, or by a combination of the above with a river or lake. Block Front: The distance between intersections along one side of a street. Boulevard: The portion of the street right of way between the curb line and the property line. Buffer Strip: An area of natural, unmaintained, vegetated ground cover abutting or surrounding a wetland. Bufferyard: An area of land established to protect and screen one type of land use from another land use that is incompatible, pursuant to the requirements of Section 1107.2000 of the Zoning Ordinance. Normally, the area is landscaped and kept in open space use. Screening techniques include the addition of vertical elements such as fences, walls, hedges, trees, berms or other features to mitigate the effects of incompatible land uses. Building: Any structure having a use which may provide shelter or enclosure of persons, animals, or chattel. Page 3 4/27/01 CIC Plat: A common interest community plat as described in Minnesota Statutes 515B.2-110, as may be amended from time to time. Compreh.ensive Plan: The group of maps, charts and texts that make up the comprehensive long-range plan of the city, including, but not limited to the text of the Comprehensive Plan, the Land Use Plan Map, Transportation Plan and the Capital Improvements Program. Design Standards: The specifications for the preparation of plats, both preliminary and final, indicating among other things, the optimum, minimum or maximum dimensions of such items as rights of way, blocks, easements and lots. Easement: A grant by a property owner for the use of land for the purpose of constructing and maintaining drives and utilities, including, but not limited to, wetlands, ponding areas, sanitary sewers, water mains, gas lines, electric lines, cable lines, telephone lines, storm sewer or drainageways. Final Plat: A drawing or map of a subdivision, meeting all of the requirements of the City and in such form as required by Minnesota Statutes and by Scott County for the purpose of recording. Individual Sewage Treatment System: A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device. Level of Service (LOS): A description of traffic conditions along a given roadway or at a particular intersection. The level of service ranges from "A" (free flow of traffic with minimum intersection delays) to "F" (forced flow, jammed intersections, long delays). It generally reflects factors such as speed, travel time, freedom to maneuver, traffic interruptions and delays. Lot: A parcel of land established by plat, subdivision or otherwise permitted by law and occupied or used or intended for occupancy or use by a use permitted in the Zoning Ordinance, abutting on a public or private street, and of sufficient size to provide the yards required by the Zoning Ordinance. Lot Area: The area of a horizontal plane within the lot lines. Only land above the ordinary high water level of a public water or above the laO-year water elevation of a wetland or pond may be used to meet the minimum lot area requirements. Page 4 .11 r 11 . lIT 4/27/01 Lot Area, Minimum: Except as may be otherwise expressly allowed in the Subdivision Ordinance or the Zoning Ordinance, the area of a horizontal plane within the lot lines excluding major drainageways, wetlands, water bodies, road rights of way, and regional utility/pipeline easements. Lot Buildable: A lot which meets the mmImum lot width and area requirements ofthe use district in which it is located. Lot, Comer: A lot situated at the junction of and abutting on two or more intersecting streets, or a lot at a point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a lot. Lot, Flag: A large lot not meeting minimum lot width requirements and where access to the public road is by a narrow, private right-of-way or driveway. Lot Improvement: Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Lot, Interior: A lot other than a corner lot. Lot Line: The property line bounding a lot except that where any portion of a lot extends into the public right-of-way, street easement, or a proposed public right-of-way, the line of such public right-of-way or street easement shall be the lot line for applying this Ordinance. Lot Line, Front: That boundary of a lot which abuts a street. In the case of a corner lot, the front lot line shall be the shortest frontage on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed in the office of the Zoning Administrator. If a parcel has multiple sides on more than two street frontages, the front lot line shall be determined by the Zoning Administrator. Lot Line, Rear: A lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. For a lot bounded by only three lot lines, the rear lot line shall be a line 10 feet in length within the lot, parallel to and at the maximum distance from, the front lot line. Page 5 4/27/01 Lot Line, Side: A lot line which intersects with a front lot line. Lot, Through: A lot which has a pair of opposite lot lines abutting 2 substantially parallel streets, and which is not a comer lot. Lot Width: The horizontal distance between the side lot lines measured at the required front yard setback line. Lot of Record: Any lot which is one parcel of a plat heretofore or hereafter duly approved and filed, or 1 unit of an Auditor's Subdivision or a Registered Land Surveyor a parcel of land not so platted, subdivided or registered, for which a Deed, Auditor's Subdivision or Registered Land Survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Scott County, Minnesota, prior to the effective date of this Ordinance. Metes and Bounds: A method of describing the boundaries of land by direction (bounds) and distances (metes) from a known point of reference. Lots described by this method are generally unplatted parcels. Outlot: A lot remnant or parcel of land left over after platting, which is intended as open space or other use, for which no development is intended and for which no building permit shall be issued. Outlots may also be platted for parcels intended as private streets and platted or reserved for future phases of a development. Parks and Playgrounds: Public land and open spaces III the City dedicated or reserved for recreation purposes. Pedestrian Way (Walkway): A public right-of-way across a block or within a block to provide access for pedestrians and which may be used for the installation of utility lines. Pipeline: A pipe with a nominal diameter of six inches or more, located in the state, that is used to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid by gravity, and pipe used to transport or store a hazardous liquid within a refining, storage, or manufacturing facility; or a pipe operated at a pressure of more than 275 pounds per square inch that carries gas. Pipeline easement: The existing easement or a subsequent easement resulting from the negotiation of a change in the boundaries of the existing easement. Page 6 . T I :rr . I j 4/27/01 Place of public assembly: A site that is occupied by 20 or more persons on at least five days a week for ten weeks in any l2-month period. The days and weeks need not be consecutive. Planning Commission: The Planning Commission of the City. Plat: A map of a subdivision showing the boundaries and location of individual lots, outlots, easements, streets and other rights-of-way. Plat, CIC: A Common Interest Community Plat as described and defined by Minnesota Statutes Chapter 5l5B. Plat, Pinal: A map of all or, in the case of a phased or staged development a portion of a subdivision, presented to the City Council for final approval. Plat, Preliminary: A map indicating the proposed layout of the subdivision submitted to the City Council for preliminary approval. Protective Covenants: A recorded contract made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area. Public Improvement: Any sanitary se'.l,'er system, water system, storm se'Ner system, streets, concrete curb and gutter, street lights, ponding, underground utilities, iron monuments, side'Nalks, trails, landscaping or etOOf--faci1ity for which the City may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. Public Works Design Manual: A policy manual adopted by the City of Prior Lake for developers, builders and their engineers as well as City engineers and consulting engineering personnel regulating and identifying the minimum standards for the design, construction, and connection to public infrastructure facilities within the City. Replat: The subdivision of land in accordance with the Subdivision Ordinance which has previously been platted and which is of record with the County pursuant to Minnesota Statute, chapter 505. Right-of-Way: An area or strip ofland, either public or private, acquired by dedication, reservation, prescription or condemnation, occupied or intended to be occupied by a road, crosswalk, utility line, railroad, electric transmission line or other similar use and on which a right-of-passage has Page 7 4/27/01 been recorded for the use of pedestrians and vehicles, including trains, or pedestrians or both. ! I ! CJ i c? i I . . ~--L. I . . Nil!' ~ ............................................... )r-' J -~ :.:.:.:.:.:.:.:..:.:.:..:.:.:.:.:.:.:.:.:.:.:.:.:.0lIItQ D. 1,.J1 ~. ! i L.r' i I ~ Setback: See Yard Sidewalk/Trail: A paved path provided for pedestrian or bicycle use and usually located at the side of a road within a right-of-way. Concept Plan: A concept plan or informal map of a proposed subdivision of sufficient accuracy to be used for the purpose of discussion and classification of City ordinances with the City staff. Street. A public or private thoroughfare that is used, or intended to be used, for passage or travel by pedestrians and vehicles. Streets are further classified in the Comprehensive Plan by the functions they perform. Local Street: Roadways typically having lowest traffic volumes, containing one lane of traffic in each direction whose primary function is to provide access to and from property, and from neighborhoods to minor collectors. Cul-De-Sac: A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. Minor Collector: Roadways containing one lane of traffic in each direction. The primary function is to provide access to and from neighborhoods and the local street system. Major Collector: Roadways containing one or two lanes of traffic in each direction with controlled intersections whose function is to serve long trips within the City and access to and from collector streets and to and from minor and major arterials. Page 8 . 11 . I]; 4/27/01 Minor Arterials: Interregional roads containing one or two lanes in each direction with limited access and controlled intersections at other arterials and collector streets. Minor arterials convey traffic between towns or other urban centers and are used to reduce the number of trips on the regional system. Efficient movement is the primary function of a minor arterial road. Principal Arterials: Limited access interregional arterial routes containing two or more lanes in each direction. They are designed exclusively for unrestricted movement, have no private access, and intersect only with selected arterial highways or major streets by means of interchanges engineered for free-flowing movement. Subdivider: Any individual, firm, association, syndicate, partnership, corporation, trust or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under the Subdivision Ordinance. Subdivision: The division of an area, lot, parcel or tract of land into two (2) or more parcels, tracts, lots or long-term leasehold interests by any means including, but not limited to, preliminary and final plats, CIC plats registered land surveys, administrative subdivisions and conveyance by metes and bounds. Unit Lots: A lot created from the subdivision of an existing building with more than two dwelling units having different minimum lot size requirements than the conventional base lot within the Zoning Use District. Yard: A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this Ordinance. The yard shall extend along a lot line and at right angles to the lot line to a depth or width specified in the yard regulations for the district in which the lot is located. Page 9 1002.100 1002.200 1002.300 1002.400 1002.500 1002.600 1 002.~700 1002.1800 1002.100 1002.101 1002.200 .11 4/27/01 SECTION 1002 PROCEDURES FOR FILING AND REVIEW OF SUBDIVISIONS CONCEPT PLAN PRELIMINARY PLAT FINAL PLAT COMBINING PRELIMINARY AND FINAL PLATS CIC PLAT EFFECT OF SUBDIVISION APPROVAL PREMATURE SUBDIVISIONS REGIONAL SYSTEM SERVICE INADEQUACIES CONCEPT PLAN: In order to inform the applicant of the procedural requirements and minimum standards of the Subdivision Ordinance, and the requirements or limitations imposed by other City ordinances, plans and/or policies, prior to the preparation of a preliminary plat, an applicant may submit a concept plan to the Planning Department prior to filing an application for a preliminary plat. The Planning staff, along with other City staff, will review the concept plan and discuss any foreseeable problems or issues with the applicant. These discussions of the concept plan shall be advisory and not OO-considered binding in regard to subsequent plat review. The Planning Department, notably in the case of multi-phased plats, shall have the authority to refer the concept plan to the Planning Commission and/or City Council for review and comment. An application for review of a concept plan shall include, but not be limited to the following: (1) A completed application on the form provided by the City which shall include the name, address and telephone number of the applicant and the fee owner of the property, the location of the property, a description of the proposed development and a working name for the proposed development. (2) Six (6) copies of the concept plan at a scale not less than one inch equals one hundred feet (I' = 100'). (3) An eleven inch by seventeen inch (11" x 17") reduction of each sheet of the concept plan. (4) The information required III Section 1003.100 of this Subdivision Ordinance. PRELIMINARY PLAT Page 10 . II! 4/27/01 (1) FILING: An application for a preliminary plat, signed by the applicant and the fee owner of the property, shall be submitted to the Planning Department. This application shall be accompanied by the following: a. Ten (10) full-scale copies and one 11" by 17" reduction of the preliminary plat b. All of the information required in Section 1003.200. c. A radius map and a list and labels of the names and addresses of owners of property located within five hundred feet (500') of the subject property. These shall be obtained from and certified by an abstract company or the Scott County Auditor's Office. d. The required filing fee(s) as established by the City Council. e. Any necessary applications for variances from the provisions of the Subdivision Ordinance shall be submitted with the required fee. f. A copy of the Watershed District permit application, including verification by the Watershed District of the date of receipt of the permit application. (2) In accordance with Minnesota Statutes S 15.99, the City shall review the application and notify the applicant within 10 business days of submittal whether or not the application is complete. The preliminary plat application shall not be officially submitted and considered complete until all the information requirements are complied with. (3) HEARING: The Planning Department, upon receipt of a complete application, shall set a public hearing date for public review of the preliminary plat. The hearing shall not be held until staff has had adequate time to revie\v and prepare a report to the Planning Commission on the wbdivision application. Notice of the hearing shall consist of the date, time and place of the hearing, a legal description of the property, a description of the property reasonably calculated to inform a person of the location, and description of the preliminary plat request and where and when information pertaining to the preliminary plat may be obtained. The hearing notice shall be published in the official newspaper at least ten (10) days prior to the hearing. Notice of the hearing shall also be posted on the site at least 10 days prior to the hearing date. Written notification of the hearing shall be mailed to all owners of land within five hundred feet (500') of the boundary of the property in question at least ten (10) days prior to the hearing. Any omission or defect, which is found has not to have impaired the ability of a surrounding property owner to participate in Page 11 4/27/01 the proceedings, shall in no way impair the validity of the proceedings on the proposed application. (4) REVIEW BY OTHER COMMISSIONS OR JURISDICTIONS: The Planning staff shall refer copies of the preliminary plat to County, Metropolitan, State or other public entities for their review and comment, where appropriate. (5) PLANNING COMMISSION ACTION: The Planning Commission shall conduct a public hearing in accordance with Section 1109.200 of the Zoning Ordinance. The Planning Commission may continue the public hearing and shall report its findings and make a recommendation to the City Council within 60 days of the date a complete application was received by the City. If the Planning Commission has not acted upon the preliminary plat within sixty (60) days following delivery of a subdivision application completed in compliance with the Subdivision Ordinance, the Council may act on the preliminary plat without the Planning Commission's recommendation. (6) CITY COUNCIL ACTION: a. Pursuant to Minnesota Statutes ~15.99, the City Council shall approve, approve with conditions, or deny the preliminary plat within one hundred twenty (120) days following delivery of a complete application unless the applicant has agreed, in writing, to an extension of the statutory review period. b. In considering a preliminary plat application, the City Council may impose reasonable conditions and restrictions as part of the preliminary plat approval that are deemed necessary and appropriate to protect the public health, safety, general welfare and convenience of the City. c. If the preliminary plat is not approved by the City Council, the City Council shall adopt written findings regarding the basis and rationale for denying the application. The reasons for such action shall be recorded in the minutes of the City Council proceedings. d. If the preliminary plat is approved, such approval shall not constitute final acceptance of the plat. Subsequent approval will be required for the engineering proposals and other features and requirements as specified by the Subdivision Ordinance to be indicated on the final plat. The City Council may require such revisions in the preliminary plat and final plat as it deems Page 12 III . i 1 1002.300 4/27/01 necessary for the health, safety, general welfare and convenience of the City. e. Once a preliminary plat is approved by the City Council, the subdivider must submit an application for a final plat within twelve (12) months after approval of the preliminary plat. If an applicant fails to submit an application for a final plat within the specified 12 month period, the preliminary plat shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council at least 30 days prior to the expiration of the 12 month period. Such extensions oftime shall not exceed six (6) months. FINAL PLAT (1) FILING: After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in the subsections which follow. A final plat application, signed by the applicant and the fee owner of the property shall be submitted to the Planning Department accompanied by the following information. a. Ten (10) full-scale copies and one 11" by 17" reduction of the final plat. b. All information required in Section 1003.300. c. The required filing fee(s) as established by the City Council. (2) In accordance with Minnesota Statutes 9 15.99, the City shall review the application and notify the applicant within 10 business days of submittal whether or not the application is complete. The final plat application shall not be officially submitted and considered complete until all the information requirements are complied with. (3) ApPROVAL OF THE CITY COUNCIL: The final plat and a signed Development Contract shall be submitted to the City Council for approval. The City Council shall adopt a resolution approving the final plat and development contract. The resolution shall provide for the acceptance of all agreements for basic improvements, public dedication, payment of fees and other requirements as indicated by the City Council. If the City Council denies the final plat, the City Council shall adopt a resolution with written findings supporting the basis for the denial. The findings for any refusal to approve a plat shall be set forth in the minutes of the City Council proceedings and Page 13 4/27/01 reported in writing to the person or persons applying for such I approval. (4) SPECIAL ASSESSMENTS: When any existing special assessments which have been levied against the property described shall be divided and allocated to the respective lots in the proposed plat, the City Finance Director shall distribute the remaining assessment balance on a per equal unit basis, prepare a revised assessment roll, filing the same with the County Auditor. If the per lot unit assessment is less than $1,000.00, tboo-the entire assessment balance shall be paid before the final plat is released. (5) RECORDING FINAL PLAT AND DEVELOPMENT CONTRACT: a. If the final plat and development contract are approved by the City Council, the subdivider shall record both documents with the County Recorder within sixty (60) days after said approval. The subdivider shall, immediately upon recording, furnish the City with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also furnish a copy of the recorded final plat in an electronic format ~rescribed by the City. No building permits shall be approved for construction of any structure on any lot in said plat until the City has received evidence the final plat and development contract have been recorded with the County. b. The final plat shall be considered void ifnot recorded within the 60 days provided for herein unless a request for ~time extension is submitted in writing and approved by the City Council prior to the expiration of the 60 day period. (6) RECORDING FINAL PLATS OF MULTI-PHASED PLATS: Ifa subdivider plans to develop a subdivision in stages over a period of time, the City Council must approve a staging plan for the development of the subdivision. The staging plan must be submitted as part of the final plat application. The approved staging plan will be incorporated into the Development Contract. Future phases of the development must be platted as outlots on the final plat. If a preliminary plat development is final platted in stages, all stages must be final platted into lots and blocks, not outlots, within two (2) years after the approval of the preliminary plat unless otherwise provided in the Development Contract. Failure to obtain final plat approval for all phases of the development within the two (2) year period or within the timelines of the approved staging plan shall render the remaining stages of the preliminary plat void. Page 14 .11 . I "IT 1002.400 1002.401 4/27/01 COMBINATION OF PRELIMINARY AND FINAL PLAT APPROVAL. In some instances, due to the simplicity of the proposed subdivision, it makes sense the City staff may agree to combine the preliminary and final plat process. The process may be combined only when a proposed subdivision meets all ofthe following requirements: (1) The resulting subdivision contains no more than J-~lots. (2) The proposed subdivision is located in an area where streets and utilities are in place and capable of serving the subdivision. (3) The proposed subdivision does not require the dedication or construction of future streets, and will not interfere with ~ development of adjacent properties. (4) The resulting parcels shall conform with all provisions of the Zoning Ordinance. PROCEDURE FOR CONSIDERING COMBINED PRELIMINARY AND FINAL PLATS. (1) FILING: An application for a combined preliminary and final plat, signed by the applicant and the fee owner of the property, shall be submitted to the Planning Department. This application shall be accompanied by the following: a. Ten (10) full-scale copies and one 11" by IT' reduction of the preliminary plat b. All of the information required in Section 1003.200 and in Section 1003.300. c. A radius map and a list and labels of the names and addresses of owners of property located within five hundred feet (500') of the subject property. These shall be obtained from and certified by an abstract company or the Scott County Auditor's Office. d. The required filing fee(s) as established by the City Council. (2) In accordance with Minnesota Statutes ~ 15.99, the City shall review the application and notify the applicant within 10 business days of submittal whether or not the application is complete. The plat application shall not be officially submitted and considered complete until all the information requirements are complied with. Page 15 4/27/01 (3) HEARING: The Planning Department, upon receipt of a complete application, shall set a public hearing date for public review of the combined preliminary and final plat. Notice of the hearing shall consist of the date, time and place of the hearing, a legal description of the property, a description of the property reasonably calculated to inform a person of the location, and description of the preliminary plat request and where and when information pertaining to the preliminary plat may be obtained. The hearing notice shall be published in the official newspaper at least ten (10) days prior to the hearing. Notice of the hearing shall also be posted on the site at least 10 days prior to the hearing date. Written notification of the hearing shall be mailed to all owners of land within five hundred feet (500') of the boundary of the property in question at least ten (10) days prior to the hearing. Any omission or defect, which has not impaired the ability of a surrounding property owner to participate in the proceedings, shall in no way impair the validity of the proceedings on the proposed application. (4) REVIEW BY OTHER COMMISSIONS OR JURISDICTIONS: The staff shall refer copies of the preliminary plat to County, Metropolitan, State or other public entities for their review and comment, where appropriate. (5) PLANNING COMMISSION ACTION: The Planning Commission shall conduct a public hearing in accordance with Section 1109.200 of the Zoning Ordinance. The Planning Commission may continue the public hearing and shall report its findings and make a recommendation to the City Council within 60 days of the date a complete application was received by the City. If the Planning Commission has not acted upon the preliminary plat within sixty (60) days following delivery of a subdivision application completed in compliance with the Subdivision Ordinance, the City Council may act on the preliminary plat without the Planning Commission's recommendation. (6) CITY COUNCIL ACTION: The combined preliminary and final plat and a signed Development Contract shall be submitted to the City Council for approval. The City Council shall adopt a resolution approving the final plat and development contract within 120 days following delivery of a complete application unless the applicant has agreed, in writing, to an extension of the statutory review period. The resolution shall provide for the acceptance of all agreements for basic improvements, public dedication, payment of fees and other requirements as indicated by the City Council. If the City Council denies the final plat, the City Council shall adopt a resolution with written findings supporting the basis for the denial. The findings for any refusal to approve a plat Page 16 III . 11 1002.500 1002.5600 4/27/01 shall be set forth in the minutes of the City Council proceedings and reported in writing to the person or persons applying for such approval. (7) SPECIAL ASSESSMENTS: When any existing special assessments which have been levied against the property described shall be divided and allocated to the respective lots in the proposed plat, the City Finance Director shall distribute the remaining assessment balance on a per equal unit basis, prepare a revised assessment roll, filing the same with the County Auditor. If the per lot unit assessment is less than $1,000.00, thM-the entire assessment balance shall be paid before the final plat is released. (8) RECORDING FINAL PLAT AND DEVELOPMENT CONTRACT: a. If the final plat and Development Contract are approved by the City Council, the subdivider shall record both documents with the County Recorder within sixty (60) days after said approval. The subdivider shall, immediately upon recording, furnish the City with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also furnish a copy of the recorded final plat in an electronic format ~rescribed by the City. No building permits shall be approved for construction of any structure on any lot in said plat until the City has received evidence the plat and development contract have been recorded with the County. b. The final plat shall be considered void ifnot recorded within the 60 days provided for herein unless a request for time extension is submitted in writing and approved by the City Council prior to the expiration of the 60 day period. CIC PLATS: CIC Plats shall be considered a final plat and shall processed according to the procedures listed in Section 1002.300 of this ordinance. EFFECT OF SUBDIVISION APPROVAL: For one .Q.lyear following preliminary plat approval and for two (2) years following final plat approval, unless the subdivider and the City agree otherwise, no amendment to the City of Prior Lake's Comprehensive Plan, Zoning Ordinance or Subdivision Ordinance shall apply to or affect the use, development density, lot size, lot layout, or dedication required or permitted by the approved plat. Thereafter, upon resolution of the City Page 17 1002.9700 1002.601 . '1'T 1'" 4/27/01 Council, the City may extend the period by agreement with the subdivider, or it may require submission of a new plat unless substantial physical activity and investment has occurred in reasonable reliance on the approved plat and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new plat. PREMATURE SUBDIVISIONS: Any preliminary plat/final plat and/or development CONDITION ESTABLI8lIINC PREMATURE SUBDIVISIONS: A subdivision may be determined to be premature should any of the provisions which follow exist: (1) LACK OF ADEQUATE DRAINAGE: A condition of inadequate drainage exists if any of the following provisions exist: a. Surface or subsurface water retention and runoff is such that it constitutes a danger to the structural integrity of the proposed structures. L The proposed site grading and development will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land. c. Storm trunk facilities and/or regional ponding facilities that will serve the proposed plat have not yet been constructed. G-:d.Factors to be considered in making these determinations regarding a, band c above may include, but are not limited to: average rainfall for the area; the relation of the land to flood plains; and the nature of soils and subsoils and their ability to adequately support surface water runoff. (2) LACK OF ADEQUATE WATER SUPPLY: A proposed subdivision lacks an adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision when developed to its maximum permissible density without causing an unreasonable depletion of existing water supplies for surrounding areas. (3) LACK OF ADEQUATE ROADS OR HIGHWAYS To SERVE THE SUBDIVISION: A proposed subdivision lacks adequate roads or highways to serve the subdivision when any of the following provisions exist: a. Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that the increase in traffic volume generated by the proposed subdivision would be detrimental to the City's interest in promoting and protecting the public safety and general Page 18 ~ . Ii 4/27/01 welfare, or seriously aggravate an already dangerous or hazardous condition, or when, with due regard to the advice of Scott County and/or the Minnesota Department of Transportation, said roads are inadequate for the intended increased use. b. The traffic volume generated by the proposed subdivision would decrease the level of service on highways existing at the time of the application or proposed for completion within the next two (2) years. (4) LACK OF ADEQUATE WASTE DISPOSAL SYSTEMS: A proposed subdivision lacks adequate waste disposal systems if, in subdivisions for which sewer lines are proposed, there is inadequate sewer capacity in the existing system to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five (5) years. (5) INCONSISTENCY WITH COMPREHENSIVE PLAN: A proposed subdivision is inconsistent with the City's Comprehensive Plan when the subdivision is inconsistent with the purposes, objectives and recommendations of the adopted Comprehensive Plan of Prior Lake, as may be amended. Subdivisions that are not proposed in areas consistent with the criteria for allocation of MUSA reserve shall be deemed inconsistent. (6) PUBLIC SERVICE CAPACITY: A proposed subdivision lacks necessary public service capacity when services such as recreational facilities, schools, police and fire protection and other public facilities, which must be provided at public expense, cannot reasonably be provided for within the next two (2) years. (7) INCONSISTENCY WITH CAPITAL IMPROVEMENT PLANS: A proposed subdivision is inconsistent with capital improvement plans when improvements and/or services necessary to accommodate the proposed subdivision have not been programmed in the Prior Lake, Scott County or other regional Capital Improvement Plans. The City Council may waive this criteriathese criteria when it can be demonstrated that a revision to the City Capital Improvement PlancanPlan can be accommodated. 1002.900-701 BURDEN OF ESTABLISHING: The burden shall be upon the applicant to show that the proposed subdivision or development is not premature. 1002.900-702 PROCESS USED TO DEFINE A PREMATURE SUBDIVISION. Page 19 1002.-1800 III T 4/27/01 (1) ApPLICATION. Upon receipt of an application for a preliminary plat or a final plat, the City staff will review the application based on the criteria listed in Section 1002.601 of the Subdivision Ordinance to determine if the proposed subdivision is premature. (2) NOTIFICATION. If the staff finds a subdivision premature under the criteria listed in Section 1002.601, the applicant will be notified of the staff s findings in writing within 10 business days of receipt of a complete application. This notification shall constitute denial of the application. (3) ApPEAL. Any owner of affected property or any applicant may appeal the staff finding of a premature subdivision to the City Council. The appeal must be in writing and must be filed with the Planning Department within 5 calendar days after the date of the written notification of the decision. The required fee shall be paid when the appeal request is filed. When an appeal is received by the City, the applicant will be notified of the date and time the City Council will hear the appeal. No appeal will be heard until all owners of property within 500 feet of the subject property are notified of the date scheduled for the appeal hearing. Notice shall be provided in the manner set out in subsection 11 09.200 of the Zoning Ordinance. The City Council shall hear the appeal within 30 days of the filing of the appeal unless that period is extended with consent of the appellant. The City Council shall render a decision within 30 days of the conclusion of the appeal hearing. REGIONAL SYSTEM SERVICE INADEQUACIES (1) EXISTING CONDITIONS: An approved preliminary plat or building permit within an approved final plat may be deemed as premature development if any of the following conditions set forth are found to exist: a. The regionally controlled metropolitan sanitary sewer interceptors or waste water treatment facilities are classified as having inadequate capacity to provide service within the standards of recognized public health and safety. b. Responsible metropolitan units of government prohibit the City from issuing building permits. Page 20 . H 4/27/01 c. Regional transportation systems are deemed as inadequate to provide service levels within standards of recognized public safety. d. Storm drainage systems under the jurisdiction of regional watershed districts, the Army Corps of Engineers, the Minnesota Department of Natural Resources, or other such responsible jurisdictions are inadequate to provide service levels within standards of recognized public health and safety. (2) CITY LIABILITY EXEMPTION: All preliminary and final plat approvals and related formal development contracts shall stipulate and shall exempt the City from any liability associated with platting or building permit denial based upon factors and conditions related to regional governmental agency and unit jurisdictions and related service inadequacies. Page 21 1003.100 1003.200 1003.300 1003.400 1003.500 1003.100 1003.200 1003.201 .11 4/27/01 1003 PLAT AND DATA REQUIREMENTS CONCEPT PLAN PRELIMINARY PLAT FINAL PLAT CERTIFICATION REQUIRED MODIFICATIONS TO ApPROVED FINAL PLANS CONCEPT PLAN: Concept plans shall contain, at a mlmmum, the following information: (1) Plat boundary. (2) North arrow (3) Scale. (4) Street layout on and adjacent to plat. (5) Designation ofland use and current or proposed zoning. (6) Significant topographical or physical features. (7) General lot locations and layout. (8) Preliminary evaluation by the applicant that the subdivision is not classified as premature based upon criteria established in Section 1002.600 of this Subdivision Ordinance. (9) The City may request any other information deemed necessary to determine the impact of the proposed subdivision on the health, safety and welfare of the property in the City and City residents. PRELIMINARY PLAT: The subdivider shall prepare and submit a preliminary plat application together with any necessary supplementary information, a preliminary grading, street and plan and a preliminary utility plan. The plans shall contain the information set forth in the subsections which follow. PRELIMINARY PLAT REQUIREMENTS: (1) GENERAL REQUIREMENTS: a. Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions. Page 22 . H 4/27/01 b. Location of boundary lines in relation to a known section, quarter section or quarter-quarter section lines comprising a legal description of the property. c. Names and addresses of all persons having an interest in the property, the developer, designer and surveyor together with his registration number. d. Graphic scale or plat, not less than one inch to one hundred feet (1 " = 100') e. Date and north arrow. f. Identify portions of property that are registered (Torrens). (2) EXISTING CONDITIONS: a. Boundary line and total acreage of proposed plat, clearly indicated. b. Existing Comprehensive Plan designations and zoning classifications for land within and abutting the subdivision, including shoreland district boundaries. c. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of two hundred feet (200') beyond the tract. d. Boundary lines of adjoining unsubdivided or subdivided land, within two hundred feet (200'), identified by name and ownership, including all contiguous land owned or controlled by the subdivider. e. Any other information the City finds necessary to determine the impact the proposed subdivision will have on the health, safety and welfare of property in the City and City residents. (3) PROPOSED DESIGN FEATURES: a. Layout of proposed streets showing the right-of-way widths, center line gradients, typical street sections, and proposed names of streets. The name of any street heretofore used in the City or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. b. Locations and widths of proposed alleys and pedestrian ways. Page 23 4/27/01 c. Location, dimension and purpose of all easements. d. Layout, numbers, lot areas and preliminary dimensions of lots and blocks. e. Net lot area, exclusive of road right-of-way and wetland and drainage easements. f. Minimum front and side street building setback lines. When lots are located on a curve, the width of the lot at the required front yard setback must be identified. g. Areas, other than streets, alleys, pedestrian ways, and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. h. Any other information the City finds necessary to determine the impact the proposed subdivision will have on the health, safety and welfare of property in the City and City residents. (4) SUPPLEMENTARY INFORMATION: Any or all of the supplementary information requirements set forth in this subsection shall be submitted when deemed necessary by the City staff, City Attorney, consultants to the City, advisory bodies of the City and/or City Council. a. Proposed restrictive covenants. b. An accurate soil survey of the subdivision prepared by a qualified person. c. Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the development on traffic, fire hazards and congestion of population. d. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for informational purposes only and shall not vest any right in the applicants. e. The subdivider shall be required to submit a concept plan of adjacent properties so as to show the possible relationships between the proposed subdivision and future subdivisions. All subdivisions shall be required to relate well with existing or potential adjacent subdivisions. f. Where structures are to be placed on lots which are subject to potential replat, the preliminary plat shall indicate a logical way in which the lots could possibly be resubdivided in the future. Page 24 .n T . I IT 1003.202 4/27/01 g. Where irregular shaped lots have been proposed, house plans shall be submitted which demonstrate such lots are buildable and the resulting structure compatible in size and character to the surrounding area. h. A comprehensive screening plan which identifies all proposed buffering and screening in both plan and sectional view. 1. Any other information the City finds necessary to determine the impact the proposed subdivision will have on the health, safety and welfare of property in the City and City residents. PRELIMINARY GRADING PLAN: The developer shall submit a preliminary grading, drainage and erosion control plan, prepared by a registered professional engineer in accordance with Minnesota State Rules, including the following information: (1) North arrow, scale (not less than l' = 100') and legend. (2) Lot and block numbers, house pad location, home style and proposed building pad elevations at garage slab and lowest floor for each lot. (3) Topography in two foot (2') contour intervals with existing contours shown as dashed lines and proposed contours as solid lines. Existing topography shall extend a minimum of two hundred feet (200') outside of the tract to be subdivided or outside of the contributing drainage area, whichever is greater. (4) Location of all natural features on the property. Natural features aI=@ considered to include, but are not limited to, the following: tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes, etc. (5) Location of all existing storm sewer facilities, including pipes, manholes, catch basins, ponds, swales, and drainage channels within two hundred feet (200') of the tract. Existing and proposed pipe grades, rim and invert elevations, and normal and high water elevations must be included. (6) If the plat is located within or adjacent to a lOa-year flood plain, flood elevations and locations must be clearly shown on the plan. (7) Spot elevations at drainage break points and directional arrows indicating site, swale and lot drainage. (8) Locations, grades, rim and invert elevations of all storm sewer facilities, including ponds, proposed to serve the tract. (9) Locations and elevations of all street high and low points. Page 25 1003.203 .11 1r 4/27/01 (10) Street grades, with a maximum permissible grade of eight percent (8%) and a minimum of fiv~ tenths one percent (~l.%) or as otherwise provided by the City. (11) Phasing of grading. (12) The location of all easements and right-of-way. (13) All soil erosion and sediment control measures to be incorporated during and after construction must be shown. Locations and standard detail plates for each measure must be included on the plan. (14)All revegetation measures proposed for the property, including seed and mulch types and application rates must be included on the plan. (15) A Tree Preservation Plan as required by Section 1107.2100 of the Zoning Ordinance. (16) Any other information the City finds necessary to determine the impact the proposed subdivision will have on the health, safety and welfare of property in the City and City residents. PRELIMINARY UTILITY PLAN: The developer shall submit a preliminary utility plan containing the location and size of all existing and proposed easements plus all overhead and underground facilities within the property and to a minimum distance of two hundred feet (200') beyond the property boundaries, including the following: (1) EASEMENTS: Location, dimension and purpose of all easements. (2) UNDERGROUND FACILITIES: Location and size of existing se'Ners, wat~r mains, culverts, or other underground facilities 'Nithin the tract and to a minimum distance ofn'lo huncked feet (200') beyond thB tract. Such data as grades, invert Blevations, and location of catch basins, manholes and hydrants shall also be shown. a. WATER: All mains, hydrants, valves and services. b. SANITARY SEWER: All facilities including mains, manholes, lift stations, and services with invert and top casting elevations. c. STORM DRAINAGE: All facilities including all piping, culverts, catch basins, manholes, lift stations and ponds with invert and top of casting elevations. d. PRIV ATE UTILITIES: All gas, electric, cable, telephone, and telecommunications facilities. e. Wells and septic systems. (3)"'ATER SUPPLY: 'Hater mains shall be pro'lided to S6rve the subdivision by extension of an existing community system. Service Page 26 ~ . III 1003.300 4/27/01 connections shall be stubbed into the property line and all necessary fire hydrants shall also be provided. Extensions of the public v.'ater supply system shall be designed so as to provide public water in accordance with the Public Vi orks Design Manual design standards as approved by the City Engineer and in accordance \vith the City's Comprehensive '"Xl ater Plan. (1)SEWACE DISPOSAL: Sanitary seVier mains and service connections shall be installed in accordance '.vith the Public '.Vorks Design Manual ofthe City. (5)SANIT ARY SEWER FACILITIES: Locations, grades, rim and invert elevations, and sizes of all proposed sanitary sewer facilities to &erve the tract. (6)STORM SEWER: Storm sewer layout and supporting calculations as outlined in the Public '.V orks Design Manual. (7)HYDRANTS :~AND VALVES: Location of all proposed hydrants and valves for the proposed water mains. 00(3) Any other information the City finds necessary to determine the impact the proposed subdivision will have on the health, safety and welfare of property in the City and its residents. FINAL PLAT: The owner or subdivider shall submit a final plat, final grading, development, and erosion control plans, and final street and utility plans, together with any necessary supplementary information. The final construction plans shall be prepared by a professional engineer registered in the State of Minnesota. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of State statutes and County regulations, and such final plat shall contain the following information: (1) Name ofthe subdivision. (2) Location by section, township, range, County and State, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. (3) The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments. Page 27 1003.400 . 11 4/27/01 (4) Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines. (5) Lots and outlots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block. (6) The exact locations, widths and names of all streets to be dedicated. (7) Location and width of all easements to be dedicated. (8) Name and address of the registered land surveyor preparing the plat. (9) Scale of the plat shall be 100 scale with the scale shown graphically on a bar scale along with the date and north arrow. (10) A Statement dedicating all easements as follows: "Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the strips marked drainage and utility easements". (11) A Statement dedicating all streets, alleys and other public areas not previously dedicated as follows: "Streets, alleys, and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated". (12) The final grading, development and erosion control and street and utility plan~ must be prepared in accordance with the current City Public Works Design Manual and Sections 1003.202 and 1003.203. (13) A title report prepared by a title company indicating owners and encumbrances on the property and a statement as to which parts of the property are registered (Torrens). CERTIFICATION REQUIRED: (1) Certification by a registered surveyor in the form required by Minnesota Statutes, section 505.03, as amended from time to time. (2) Execution by all owners of any interest in the land, any holders of a mortgage thereon, of the certificates required by Minnesota Statutes, section 505.03, as amended, and which certificate shall include a dedication of the utility easements and other public areas in such form as approved by the City. (3) Space for certificates of approval and review to be filled in by the signatures of the Mayor and City Manager. Page 28 11' . iii 1003.500 1003.501 1003.502 4/27/01 MODIFICATIONS TO APPROVED FINAL PLANS. Any modifications to approved final plans must be reviewed and approved by the City. Changes may be classified as minor or major changes, and shall be approved according to the following procedures. MINOR MODIFICATIONS. Minor modifications are changes that do not substantially affect the design of the approved plat. Minor modifications include: changes to the grading plans that do not affect adjacent properties, changes to tree preservation plans that do not increase the number of trees to be removed, changes to the landscaping plan, and engineering design changes to streets or utilities required as a result of previously unknown field conditions. Requests for minor modifications must be submitted to City staff for review and approval prior to the commencement of any work. MAJOR MODIFICATIONS. Major modifications are changes substantially affecting the design of the subdivision. Major modifications include: increase in the number of approved lots, realignment of roads outside of the dedicated right-of-way, placement of utilities outside of dedicated easements, and changes in parkland dedication. Major modifications shall require approval of the City Council. The City Council may choose to refer major modifications to the Planning Commission for a public hearing prior to making a decision. Page 29 1004.100 1004.200 1004.300 1004.400 1004.500 1004.600 1004.700 1004.800 1004.900 1004.1000 1004.1100 1004.1200 1004.100 1004.200 1004.201 1004.202 1004.300 1004.301 III r 4/27/01 1004 DESIGN STANDARDS PUBLIC WORKS DESIGN MANUAL BLOCKS LOTS STREETS AND ALLEYS SIDEWALKS AND MULTI-PURPOSE TRAILS EASEMENTS EROSION AND SEDIMENT CONTROL STORM DRAINAGE PROTECTED AREAS DEDICATION REQUIREMENTS MINIMUM DESIGN FEATURES ZONING ORDINANCE CONSISTENCY PUBLIC WORKS DESIGN MANUAL. The design standards outlined in the City Public Works Design Manual are hereby adopted and incorporated into this Subdivision Ordinance by reference. BLOCKS: BLOCK LENGTH: In general, intersecting streets, determining block lengths, shall be provided at such intervals so as to serve cross-traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions should not exceed one thousand three hundred twenty five feet (1,325') nor be less than four hundred feet (400') in length, except where topography or other conditions justify a departure from this these dimensions. In blocks longer than eight hundred feet (800'), the City may require pedestrian ways and/or easements through the block near the center of the block. BLOCK WIDTH: The width of the block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. LOTS: AREA: The minimum lot area, width and depth shall not be less than that established by the City Zoning Ordinance in effect at the time. Page 30 . I j, 1004.302 1004.303 1004.304 1004.305 1004.306 1004.307 1004.308 1004.309 4/27/01 CORNER LOTS: Corner lots for residential use shall exceed the minimum width and area requirements in the Zoning Use District by twenty percent (20%) to permit appropriate building setback from both streets as required in the Zoning Ordinance. SIDE LOT LINES: Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. FRONTAGE: Every lot must have frontage on an approved street other than an alley. All lots, with the exception of townhouse lots, must meet the minimum lot width requirements of the Use District as required in the City Zoning Ordinance. SETBACK LINES: Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the City Zoning Ordinance, as may be amended. FEATURES: In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and stability to the proposed development. LOT REMNANTS: All remnants of lots below minimum lot size left over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels unless a plan is provided showing the future use of the lot remnant. POLITICAL BOUNDARIES: No singular plat shall extend over a political boundary or school district line without written notification to and approval by the te-affected units of government. FRONTAGE ON Two STREETS: Double frontage, or lots with frontage on two (2) parallel streets shall not be permitted except where lots back on collector or arterial streets, County or State highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall adhere to, the following requirements: (1) Lot Depth: Double frontage lots shall have an additional depth of at least twenty feet (20') in order to allow space for screen p1antings and/or buffering along the back lot line. To ensure adequate depth for such buffering, the following minimum depth requirements shall be required for double frontage lots: District Minimum Lot Depth R-1 160 feet R-2 120 feet Page 31 1004.310 1004.311 1004.312 1004.400 1004.401 1004.402 1004.403 _ ~ r r 4/27/01 (2) Buffering/Screening: All bufferyard requirements as regulated by the Zoning Ordinance must be satisfactorily met. TURN-AROUND ACCESS: Where proposed residential lots abut a collector or arterial street, they shall be platted in such a manner as to provide turn- around access and egress on each lot. This access and egress must be identified on the grading plan for the subdivision. BUFFER SIDE YARDS: (1) In the case of side yards involving single-family residential lots abutting major collector or arterial streets, lot widths shall be increased at least ten feet (10') above the minimum lot width for the purpose of establishing buffers along the lot line bordering such streets. (2) Buffering or side yards bordering major collector or arterial streets shall comply with the requirements as established by the Zoning Ordinance. IRREGULARLY SHAPED LOTS: On single-family residential lots determined to be irregular in shape (e.g., triangular), the developer shall demonstrate to the City an ability to properly place principal buildings and accessory structures upon the site that are compatible in size and character to the surrounding area. STREETS AND ALLEYS: CONTINUOUS STREETS: Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be provided in a manner consistent with the Comprehensive Plan. Dedicated streets shall be constructed to the property boundary of the subdivision. LOCAL STREETS: Local streets should be designed so as to discourage their use by nonlocal traffic. STREET PLANS FOR FUTURE SUBDIVISIONS: Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. Page 32 . n; 1004.404 1004.405 1004.406 1004.407 1004.408 4/27/01 TEMPORARY CUL-DE-SAC: In those instances where a street is terminated pending future extension in conjunction with a future subdivision and there is more than two hundred feet (200') between the dead end and the nearest intersection, a temporary turn around facility shall be provided at the closed end. This temporary cul-de-sac must be designed in conformance with cui de sac requirements as approved by the City Engineer and must be placed inside a temporary roadway easement if located outside a street right of way. The subdivider shall be required to provide security an irrevocable letter of credit in a form acceptable to the City Attorney for removal or restoration of the temporary cul-de-sac as determined by the City. PROVISIONS FOR RESUBDIVISION OF LARGE LOTS AND PARCELS: When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. STREET INTERSECTIONS: Streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. The minimum angle of intersection of streets shall be eighty (80) degrees. Local street intersections must have a centerline offset of at least 280 feet. Local streets intersecting with a collector or higher order street must have a centerline offset of at least 660 feet unless topographic or other conditions render the requirements of this provision umeasonable. SUBDIVISIONS ABUTTING MAJOR RIGHTS-OF-WAY: Wherever the proposed subdivision contains or is adjacent to the right-of-way of a State highway or thoroughfare, provision may be made for a marginal access street approximately parallel and adjacent to the boundary of such right-of- way, provided that ~appropriate consideration is given to circulation design, or provision may be made for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined by the City with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths. HALF-STREETS: Dedication of half-streets shall not be allowed unless they are essential to the reasonable development of the subdivision and the construction of half-streets shall conform with the requirements of these regulations, or where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided. Page 33 1004.409 1004.410 1004.411 1004.412 1004.413 .11 4/27/01 RESERVE STRIPS: Reserve strips controlling access to streets are prohibited. STREET RIGHT-OF-WAY AND SURFACE WIDTHS: Street right-of-way and surface widths shall conform to the following standards: STREET DESIGN Classifications Right-of-way (ROW) Street Widths in feet (measured face of curb to face of curb) Principal or minor arterial As required by state or As required by state or county county Collector 80 - 100 feet 36-52 feet Local 50-60 feet 28-32 feet (1) Right-of-Way dedications, excluding turnaround area, may be reduced from 60 to 50 feet, and pavement street widths may be reduced from 32 feet to not less than 28 feet in areas determined by the City to be environmentally sensitive due to topography, forestation, wetlands and/or proximity to the Shoreland District. The reduction in width shall be made at the sole discretion of the City, per Section 1004.414. STREET SECTIONS: The street section shall comply with design standards as set forth in the Public Works Design Manual. All street designs are subject to the review and approval of the City. DEAD-END STREETS PROHIBITED: Dead-end streets (temporary or permanent) without cul-de-sac turnarounds are prohibited unless otherwise provided for in this Subdivision Ordinance. CUL-DE-SACS: (1) Criteria For Construction. Permanent cul-de-sacs are allowed only where one or more of the following criteria have been met: a. Area topography or other physical site conditions warrant a cu1-de- sac. b. A through street is not physically feasible or desirable due to environmental considerations. (2) REQUIREMENTS: Permanent cul-de-sacs shall not be longer than five hundred feet (500') measured to the centerline of the intersection and including a terminal turnaround which shall be provided at the closed end, with a right-of-way radius not less than sixty feet (60'). Page 34 , . ITI 1004.414 1004.415 1004.416 1004.500 1004.501 4/27/01 ENVIRONMENT ALLY SENSITIVE AREA EXCEPTIONS: In areas determined by the City to be environmentally sensitive due to topography, forestation and/or wetlands, deviations to the design standards outlined in this Section may be allowed, provided that such deviations are limited to the following: (1 )Pavement widths may be reduced from thirty two feet (32') to no less than nventy eight feet (28'). ~(l) The following standards are met: a. All lots shall meet or exceed the minimum standards for the applicable zoning district. b. The curb cut opening on the street shall meet established standards. (2) Street widths may be reduced from thirty-two feet (32') to no less than twenty-eight feet (28 '). PRIVATE STREETS: Private streets shall only be permitted in Planned Unit Developments, which have homeowner associations approved by the City. Private streets shall be platted as outlots, and shall be designed and constructed in the same manner as public streets; provided, the street pavement may be contained within the outlot and the balance of the street right-of-way may be contained within adjacent easements, provided that the combined width of outlots and easements shall not be less than the right-of- way, pavement width and easement requirements for public streets. FUNCTIONAL CLASSIFICATION: Streets within the City shall be dedicated in accordance with their functional classification as designated within the City's Comprehensive Plan. SIDEWALKS AND MULTI-PURPOSE TRAILWAYS: REQUIRED SInEW ALKS/TRAILS. (1) Sidewalks or trails shall be required for all new projects where a means of pedestrian access from the development to schools, parks, churches, business or industrial developments, adjacent neighborhoods, transportation facilities, or for unusually long blocks is necessary in order to meet the purpose and objectives of the Comprehensive Plan and of this Section. Section 1004.503 contains the guidelines for the location, installation and maintenance of sidewalks within the City. The City Council shall make the final determination of the type and location of sidewalks to be installed. Page 35 1004.502 W1f 4/27/01 (2) Paved or concrete sidewalks or trails that may not strictly follow the street may be permitted by the City Council. Bituminous material may not b@ used for sid€l-'Nalks or trails to b@ located 'Nithin the front yards of r@sid@ntial properties. (3) Sidewalks or trails in common area or other locations away from streets which are typically found in Planned Unit Developments or cluster developments generally should be integrated into the detailed area plan or layout permitting visual surveillance of the path from the street or nearby houses. STANDARDS: (1) Sidewalks shall be constructed of concrete, five feet (5') wide. An eight foot (8') concrete sidewalk will be required in high density areas where safety is a concern, including but not limited to, commercial and industrial areas, multi-family areas and school zones. (2) Sidewalks shall be located within a public right-of-way, public easement, or common area, or at least one foot (1 ') inside of the right-of-way line. A border area or grass strip located between the street edge of the sidewalk and curb face shall be installed to provide a visual break between the paved surface of the street and sidewalk, a suitable location for planting; of boulevard tn~@s, landscape, snow storage, and !Qyrovide pedestrian safety by further moving the sidewalk from the road surface in accordance with the Public Works Design Manual. (3) A continuous sidewalk, without a grass strip will be required where the City determines that turf maintenance will likely be a problem and pedestrian traffic is considerable. (4) Sidewalk street crossings shall be located at a point along the road that offers adequate sight distance as determined by the City. (5) Barrier curbs (vertical curbs) six inches (6") high shall be provided along collector streets or streets located in commercial or industrial areas adjacent to sidewalks to ~revent vehicles from leaving the roadway, control drainage, protect pavements edges and protect sidewalks, lawns, utilities signs and street trees from encroachment by vehicles, unless otherwise required by Federal, State or County guidelines. (6) Curb cuts and ramps shall be installed in accordance with the Public Works Design Manual. (7) When sidewalks cross streets, a treatment such as striping, landscaping medians, colored or stamped concrete or signs to identify the crosswalk as approved by the City, shall be installed by the Developer. Page 36 '1! . [ I 4/27/01 (8) In development projects that contain hills or steep topography, the sidewalk pattern shall conform as closely as possible to the standards found herein and to connecting walkways. (9) Sidtv,valks may be narro'.ver than otherwise required to fit the terrain when approved by the City.Where possible, new sidewalks shall be a logical extension of the existing sidewalks in adjacent developments. 1004.503 GUIDELINES FOR LOCATION, CONSTRUCTION AND MAINTENANCE OF SIDEW ALKS/TRAILS IN NEW DEVELOPMENTS. Local Minor X Collector M~M X Collector Minor X Arterial M~M X Arterial Principal X Arterial * Other jurisdictions such as MN DOT or Scott County Developer / City /* Developer / City /* Developer / City /* Developer / City /* Owner / City Owner / City Owner / City Owner / City 1004.504 ADDITIONAL GUIDELINES. (2) If a public improvement is not listed in the City's CIP, the developer will be responsible for cost and installation of sidewalk system. (3) The City may require that sidewalks be installed on local streets or on one side of a minor collector when a trail also serves the street or where topographical or traffic conditions warrant. 1004.600 EASEMENTS: 1004.601 WIDTH AND LOCATION: An easement for utilities at least ten feet (10') wide shall be provided along all lot lines. If necessary for the extension of watermain, sewer lines, stormwater sewer lines, drainage, and other Page 37 1004.602 1004.603 1004.604 1004.700 1004.800 1004.900 1004.901 111 4/27/01 utilities, easements of greater width may be required along lot lines or across lots. CONTINUOUS UTILITY EASEMENT LOCATIONS: The design and location of utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the written approval of the City Council after a public hearing. EXCLUSION FROM MINIMUM LOT AREA: Easements established over major drainageways, wetlands, waterbodies, road right-of-ways, and regional utility/pipeline easements shall be excluded from the calculation of minimum lot areas as defined by the Subdivision Ordinance and by the provisions of the Zoning Ordinance. OUTLOT ALTERNATIVE: The City may require outIots rather than easements for wetlands, drainage areas, temporary cul-de-sacs and other features, when these features will be owned and maintained by the City. The subdivider is responsible for providing the City with a recorded warranty deed, in a form approved by the City Attorney, for the outlot and for payment of all taxes on the outlot. A recorded copy of this deed shall be delivered to the City immediately upon recording of the final plat. EROSION AND SEDIMENT CONTROL: The design of erosion and sediment control structures and procedures shall be in conformance with the provisions of the Public Works Design Manual and in accordance with other State regulations. STORM DRAINAGE: All subdivision design shall incorporate provisions for storm water runoff consistent with the Public Works Design Manual and the Comprehensive Stormwater Management Plan. PROTECTED AREAS: Where land proposed for subdivision is deemed environmentally sensitive by the City due to the existence of features including, but not limited to, wetlands, drainageways, watercourses, areas subject to flooding, significant trees, steep slopes or wooded areas, the design of said subdivision shall clearly reflect all necessary measures of protection to ensure against adverse environmental impacts. Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished Page 38 '11 Ii . 1004.902 1004.903 4/27/01 through lot enlargement and redesign or dedication to the City of those sensitive areas in the form of outlots. In general, mMeasures intended to protect the areas designated af@aS-as environmentally sensitive shall include design solutions, which allow for construction and grading involving a minimum of alteration to sensitive areas. Such measures, when deemed appropriate by the City, may include, but shall not be limited to, the following: (1) The establishment of easements and/or outlots over wetlands, drainageways and watercourses. (2) The implementation of flood control measures. (3) The enlargement of lots or redesign of the subdivision. (4) The utilization of appropriate erosion control measures subject to approval by the City. (5) Soil testing to determine the ability of the proposed subdivision to support development. (6) The limitation of development on slopes steeper than thirty (30) percent. (7) Structure~ that conformaHGe to the natural limitations presented by the topography and soil so as to minimize to the greatest extent feasible create the l0ast-potential &f:for soil erosion. (8) The implementation of slope stabilization measures. (9) The establishment of a buffer zone around wetlands as outlined in Section 1004.903. BUFFER ZONE STRIP REQUIREMENT. For any parcel created on or after the effective date of this ordinance, a buffer strip shall be maintained around the perimeter of all wetlands. The buffer strips shall meet the following requirements: (1) Buffer strips shall be a minimum of A-twenty (20) feet wide with an average width of thirty (30) feet, measured from the ordinary high water level of the wetland. foot buffer zone shall be required around wetlands in ne'N subdivisions. No grading \vill be allo'Ned within the required buffer zone except as follovls: (2) Buffer strips shall be required whether or not the wetland is on the same parcel as the proposed development or on an adjacent parcel. (3) Buffer strip vegetation shall be established and maintained in accordance with subsection (4) below. Buffer strips shall be identified Page 39 1004.903 .~T 'lr 4/27/01 within each parcel by permanent monumentation in accordance with subsection (6) below. (4) Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is required unless the applicant receives approval to replace such vegetation. (5) In the event the buffer strip area is graded, it shall be seeded or planted with native wetland vegetation where possible or in accordance with the standards for buffer strip vegetation in the Public Works Design Manual. (6) MONUMENTATION. A monument shall be required at each parcel line where it crosses a buffer strip and shall have a maximum spacing of 200 feet along the edge of the buffer strip. Additional monuments shall be placed as necessary to accurately define the edge of the buffer strip. A monument shall consist of a post and a buffer strip sign. The signs shall be 11 inch x 17 inch vertical, have a brown field with white lettering, and shall be securely mounted on a post to a minimum height of 4 feet above grade. The signs shall include warnings about disturbing or developing the buffer strip. a.\Vhen a water qua1ity/stormwatef detention pond is constructed adjacent to the wetland. b.'Jlhen grading is necessary to enhance or improve the quality of the wetland. (2)In the event the buffer zone area is graded, it shall b@ seeded or planted with native wetland vegetation. BUFFER STRIP AL TERA nONS. (1) Alterations including building, storage, paving, mowing, plowing, introduction of noxious vegetation, cutting, dredging, filling, mining, dumping, grazing livestock, agricultural production, yard waste disposal or fertilizer application, are prohibited within any buffer strip. Noxious vegetation, such as European buckthorn, purple loosestrife and reed canary grass, may be removed as long as the buffer strip is maintained to the standards required by this ordinance. Alterations would not include plantings that enhance the natural vegetation or selective clearing or pruning of trees or vegetation that are dead, diseased or pose similar hazards. (2) The following activities shall be permitted within any buffer strip, and shall not constitute prohibited alterations under subsection 1004.904 (1 ) above: Page 40 . 11, 1004.904 4/27/01 a. Use and maintenance of an unimproved access strip through the buffer, not more than 20 feet in width, for recreational access to the wetland; b. Placement, maintenance, repair or replacement of utility and drainage systems that exist on creation of the buffer strip or are required to comply with any subdivision approval or building permit, as long as any adverse impacts of utility or drainage systems on the function of the buffer strip have been avoided or minimized to the extent possible; and c. Construction, maintenance, repair, reconstruction or replacement of existing and future public roads crossing the buffer strip, as long as any adverse impacts of the road on the function of the buffer strip have been avoided or minimized to the extent possible. ALTERNATE BUFFER STRIPS. (1) Because of unique physical characteristics of a specific parcel, narrower buffer strips may be necessary to allow a reasonable use of the parcel. The use of alternate buffer strips will be based on an assessment of a. The size of the parcel; b. Existing roads and utilities on the parcel; c. The percentage of the parcel covered by wetlands; d. The configuration of the wetlands on the parcel; e. The quality of the affected wetlands; f. Any undue hardship that would arise from not allowing the alternative buffer strip. (2) The use of alternative buffer strips will be evaluated as part of the review of a preliminary plat. (3) Where alternative buffer strip standards are approved, the width of the buffer strips shall be established by the City and include a minimum width of 10 feet. Alternative buffer strips must be in keeping with the spirit and intent of this Rule. Page 41 1004.1000 1004.1001 .11 4/27/01 PARKLAND DEDICATION REQUIREMENTS: The owners of any land being subdivided for residential, commercial, industrial or other uses or as a Planned Unit Development shall dedicate a reasonable portion of the subdivided land to the public for public use as parks, playgrounds, trails ef wetlands or public open space a reasonable portion of the subdivided land. The City has determined the land dedication requirement to be equivalent to ten percent (10%) of the gross area of a subdivision. The amount of credit given for land to be dedicated shall be based upon the land characteristics and in accordance with the following schedule: DEDICATION SCHEDULE Land Characteristic Dedication Credit Wooded areas or DQry upland with undisturbed 100% topsoil and slopes not exceeding 10% Land on which the Developer has provided a 100% minimum of 4" of topsoil, graded to meet public use needs and does not exceed 10% slopes Unstable land with poor soils and slopes not ~ exceeding 10% Virgin woods with slopes less than 10% ~ Virgin woods with slopes which are greater than ~ W% Dry upland '.vith undisturbed topsoil and slopes ~ of 1020% Unstable land '.'lith poor soils and slopes greater 0% than 10% or wWetlands, N.UR.P. ponds, aBEi water retention areas and other lands, which are not usable for public recreation purposes. which are deemed not suitable for park purposes At the City Council's discretion, the City may accept other parcels for public use, which do not meet the above criteria, when they meet public purposes and lor are contiguous to acceptable park, trail and open space land. No credit for the non-qualifying land will be given toward the satisfaction of park dedication requirements. LAND PREPARATION. Page 42 11 . II 1004.1002 1004.1003 1004.1004 1 00~.1 005 1004.1 005 4/27/01 (1) Dedicated land shall be made suitable by the developer for its intended use as parks and playgrounds, trails, or public open space. The City shall determine the final condition of the land that is to be dedicated and the developer shall be responsible for grading, topsoil, turf establishment, and construction of any trails unless otherwise directed by the City. (2) The City further reserves the right not to accept land that in its discretion is not useable for the aforedescribed purposes, does not provide park facilities in the locations set forth in the City's Comprehensive Plan, or land that would require extensive expenditures on the part of the public City to make them useab1e. At the City's option, the subdivider shall contribute an equivalent amount in cash, or in cash and land, in lieu of all or a portion of the land that the City may require such owner to dedicate pursuant to subsection 1004.1000 above. The cash amount shall be based on an amount determined annually by the City Council as part of the adoption of the City fee schedule. the fair market value of the land reasonably required to be dedicated, '.vith said '.'alue being determined no later than at the time of final plat approval. Whenever the term "dedicate" is used in this Section, it shall mean a dedication to the City of land or cash, or some combination thereof, whichever the City, at its option, shall require. The dedication shall be made prior to the City's release ofthe final plat for filing. In instances where cash is required in lieu of land, payments as required by this Section shall be made prior to the release of the final plat to the subdivider. The cash portion of the calculation shall be made as follows: 10% of the value of the land per acre as determined by the City, times the gross acreage of the plat. '''here the subdivider provides neighborhood park amenities such as, but not limited to, tennis courts, ball fields, open space or other recreational facilities, for use by the public, the City may reduce the amount of land to be dedicated or the cash contribution in lieu of such dedication by an amount equivalent to the documented cost of the facilities provided. Amenities that are provided by the f>ubdivider must meet the specifications of the City and other standards af> the City may require. If this provision applies, the City shall determine the value of the amenity and adjust the dedication to reflect said value. Unless otherwise provided by the City, all land to be dedicated for park purposes shall be dedicated to the public and identified as "Park" on the final plat. Page 43 1004.1006 1004.1007 1004.11 00 1004.1200 .11 'Ir 4/27/01 Prior to the dedication of such land for public use, the subdivider shall deliver to the City a title opinion addressed to the City, and in a form acceptable to the City Attorney, as to the condition of the title of such property, or in lieu of a title opinion, a title insurance policy from a title company acceptable to the City insuring the required public interest in the dedication therein. In those cases where the City has agreed to allow the conveyance of parkland by a deed rather than dedication on the plat, the subdivider shall, immediately upon filing of the final plat or other appropriate subdivision documents, the subdivider shall file for recording all easements, deeds or other conveyances of property required as a condition to the subdivision plat approval, and provide evidence to the City. No building permits shall be issued to any lot or parcel in said plat until all such documents have been executed and filed. MINIMUM DESIGN FEATURES: The design features set forth in the Subdivision 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. ZONING ORDINANCE CONSISTENCY: Preliminary and final plats shall only be approved if they are consistent with the City's Zoning Ordinance. Preliminary plats shall not be approved prior to adoption of any pending rezoning application, any pending rezoning initiated by the City or any other Zoning Ordinance changes necessary for final plat approval. Page 44 . 11 1005.100 1005.200 1005.300 1005.400 1005.500 1005.600 1005.700 1005.800 1005.900 1005.1000 1005.11 00 4/27/01 1005 REQUIRED IMPROVEMENTS GENERAL PROVISIONS MONUMENTS STREET IMPROVEMENTS FUTURE STREET IMPROVEMENTS SANITARY SEWER AND WATER DISTRIBUTION IMPROVEMENTS STORM WATER IMPROVEMENT CHARGE EXCEPTIONS PUBLIC UTILITIES ELECTION BY CITY To INSTALL IMPROVEMENTS TREES REQUIRED FOR NEW SUBDIVISIONS TOPSOIL AND SODDING 1005.100 1005.101 1005.102 1005.103 1005.104 GENERAL PROVISIONS ASSESSMENT POLICY: The City of Prior Lake Assessment Policy is hereby adopted and incorporated into this ordinance by reference. DEVELOPMENT CONTRACT: Before a final plat is signed by the City, the subdivider shall pay all applicable fees and enter into the City's standardized development contract setting forth the conditions under which the plat is approved. SECURITY: Before a final plat is signed by the City, the subdivider shall also furnish the City financial security in the form of an irrevocable letter of credit. The irrevocable letter of credit shall be from a Minnesota institution and in a form approved by the City Attorney. If the subdivider fails to perform any obligations under the development contract, the City may apply the security to cure the default. DEVELOPER INSTALLED IMPROVEMENTS: If the developer is going to install the public improvements, the required security shall be one hundred and twenty-five percent (125%) of the sum of the following fixed or estimated costs: (1) Utilities. (2) Streets. (3) Erosion control. (4) Landscaping. (5) Storm sewer connection charges. Page 45 1005.105 4/27/01 (6) Monumentation (7) As-bui1t1Record drawings GRADING IMPROVEMENTS: 1005.106 1005.106 1005.107 1005.108 III r CITY INSTALLED IMPROVEMENTS: If the City is going to install the public improvements, the required security shall be one hundred and twenty-five percent (125%) of the sum of the following fixed or estimated costs: (1) Principal amount of special assessments for public improvements to be installed. (2) Street lights. (3) Erosion control. (4) Landscaping. (5) Monumentation WARRANTy/MAINTENANCE BOND: The City shall require the subdivider to submit a warranty bond in the amount equal to the original cost of the improvements. The required warranty period for materials and workmanship for public utilities shall be two (2) years from the date of final acceptance. The required warranty period for materials and workmanship for streets shall be one (1) year following final acceptance of the final bituminous wearing surface. The required warranty period for sod, trees and landscaping is one (1) year following acceptance of the landscaping. REPRODUCIBLE DRAWINGS: Reproducible as-built drawings of all required improvements shall be furnished to the City by the subdivider. Such as-built drawings shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements. The subdivider shall also furnish such plans in an electronic format acceptable to the City. The size and format for reproducible drawings shall be in accordance with the standards in the Public Works Design Manual. IMPROVEMENTS: All of the required public improvements to be installed under the provisions of the Subdivision Ordinance shall be approved by and subject to inspection by the City. All of the City's expenses incurred in connection with the installation as the result of the required public improvements shall be paid either directly to the City's consultants or by reimbursement to the City by the subdivider. Page 46 . 11 1005.200 1005.201 1005.202 1005.203 1005.300 1005.400 4/27/01 MONUMENTS: OFFICIAL MONUMENTS: Official monuments, as designated and adopted by the County Surveyor's office and approved by the County District Court for use as judicial monuments, shall be set at each corner or angle on the outside boundary of the final plat or in accordance with a plan as approved by the City. The boundary line of the property to be included with-in the plat shall be fully dimensioned, all angles of the boundary excepting the closing angle shall be indicated and all monuments and surveyor's irons shall be indicated. Each angle point of the boundary perimeter shall be so monumented. PLACEMENT: Survey monuments shall be placed at all block and lot comers, angle points, points of curves in streets or at intermediate points as shall be required by the City. The monuments shall be of such material, size and length as required by the City. It shall be the subdivider's responsibility to ensure the survey monuments are maintained in good order during construction and development. Proof of the monumentation shall be in the form of a surveyor's certificate and this requirement shall be a condition of a certificate of occupancy as provided for in the City Zoning Ordinance. SECURITY: To ensure all survey monuments are correctly in place following the final grading of a plat and construction of utilities, financial security \vill be required. Proof of the second monumentation shall be in the form of a surveyor's certificate and this requirement shall be a condition of a certificate of occupancy as provided for in the City Zoning Ordinance. STREET IMPROVEMENTS: All streets shall be improved in accordance with the standards and specifications for street construction as required by the Public Works Design Manual. FUTURE STREET IMPROVEMENTS: As a condition of plat approval, when property being platted is adjacent to an existing collector street, highway, or substandard streets which need improvement, the developer shall dedicate land for the widening or improvement of said collector street, highway or substandard street. In accordance with the City's Assessment Policy, an acreage fee for the collector street system is to be collected as part of the Development Contract on all new subdivisions. The fees are dedicated to the Collector Street Fund and are to be used for the purpose of reimbursement of excess right of Vial', paying for collector street Page 47 1005.500 1005.600 1005.700 1005.800 III 4/27/01 improvements and pedestrian trail improvements associated with state aid streets and the City share of county road related trail improvements. The charge shall be based upon the gross acreage of the subdivision less the area to be dedicated to the City for ponding, parks, wetlands, and public rights-of-way. The fee shall be set annually by the City Council and paid to the City prior to the release of the final plat. SANITARY SEWER AND WATER DISTRIBUTION IMPROVEMENTS: Sanitary sewers and water facilities shall be installed in accordance with the standards and specifications as required by the City Council and subject to the approval of the City. In accordance with the City's Assessment Policy, an acreage charge, dedicated to the Trunk System Reserve Fund, will be collected as part of the Development Contract on all new subdivisions. The purpose of this fund is to pay for central system improvements essential for the functional operation of the entire municipal sewer and water system. The charge shall be based upon the gross acreage of the subdivision less the aF0a-acreage to be dedicated to the City for ponding, parks, wetlands, and public rights-of-way. The fee shall be set annually by the City Council and paid to the City prior to the release of the final plat. STORMW ATER IMPROVEMENT CHARGE: In accordance with the City's Assessment Policy, a charge for trunk storm water improvements, either constructed or to be constructed for trunk facilities serving the subject property, will be collected as part of the Development Contract for all new subdivisions. The charge shall be based upon the gross acreage of the subdivision less the aF0a-acreage to be dedicated to the City for ponding, parks, wetlands, and public rights-of-way. The fee shall be set annually by the City Council and paid to the City prior to the release of the final plat. The subdivision will be given a credit for anyon-site storm water improvement that has been oversized to serve property outside the subdivision. The charge shall be paid to the City prior to the release of the final plat. EXCEPTIONS: Property being rep1atted shall be exempt from the requirements of Sections 1005.400, 1005.500 and 1005.600 if the charges were paid or assessed in conjunction with the initial platting of the property. PUBLIC UTILITIES: All public utilities, including, but not limited to, telephone, electric, cable and/or gas service lines shall be placed Page 48 "If . I, 1005.900 1005.1 000 1005.1 001 4/27/01 underground m accordance with the proViSIOns of all applicable City ordinances. ELECTION BY CITY TO INSTALL IMPROVEMENTS: It is the subdivider's responsibility to install all required public improvements except that the City reserves the right to design and/or install all or any part of the public improvements, including trunk facilities, required under the provisions of the Subdivision Ordinance pursuant to Minnesota Statutes, Chapter 429, as amended. If the City elects to install the improvements the City shall require the developer to post an irrevocable letter of credit guaranteeing payment of the assessments. TREES REQUIRED FOR NEW SUBDIVISIONS: In new subdivisions, trees shall be planted on each lot. Permitted tree species shall be in accordance with Section 1107.2100 of the Zoning Ordinance. All required trees shall be planted by the builder prior to issuance of certificate of occupancy. The following tree specifications shall apply to each platted lot in the proposed subdivision. Required Subdivision Trees: (1) Required: One balled and burlapped street tree will be required per lot frontage and one balled and burlapped front yard tree will be required per front yard. (2) Caliper: A minimum of two and one-half inches (2 1/2") in trunk diameter measured at ground level. (3) Location: Street trees shall be planted inside the front property line at a distance of at least four feet (4') from the front property line and not more than ten feet (10') from the front property line. Front yard trees shall be planted in the front yard but at a distance of at least four feet (4') from the property line. (4) No required subdivision tree shall be planted inside of any drainage or utility easement or within a forty foot (40') clear view triangle on corner lots. The clear view triangle is the area established for visibility clearance at intersections. The area of the clear view triangle is defined as follows: Beginning at the intersection of the projected lot lines of the corner lot, thence forty feet (40') along one lot line, thence diagonally to a point forty feet (40') from the point of beginning on the opposite line. Location requirements shall apply to rear yards of lakeshore lots. Page 49 4/27/01 1005.1100: TOPSOIL AND SODDING: The builder shall spread a minimum of four inches (4") of topsoil over the boulevard, front and side yards. All boulevard, front and side yard areas shall be sodded except those areas that are landscaped. Such topsoil and sodding shall be installed by the builder prior to the issuance of a certificate of occupancy. Page 50 III . 11 1006.100 1006.200 1006.300 1006.100 1006.101 1006.102 4/27/01 1006 ADMINISTRATION AND ENFORCEMENT NONPLATTED SUBDIVISIONS VARIANCES, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS VIOLATIONS AND PENALTY NONPLATTED SUBDIVISIONS ADMINISTRATIVE LAND SUBDIVISIONS: The City may administratively approve a subdivision of an eXIstmg platted parcel when it meets the following criteria: (1) The divisions will not result in more than three (3) parcels. (2) All newly created lots must meet the minimum standards of the Zoning District in which they are located and the resulting parcels must generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. (3) The division will not cause any structure on the land to be in violation of the Zoning Ordinance. (4) Any easements that may be required by the City must be granted. ADMINISTRATIVE LAND SUBDIVISION PROCEDURE: (1) An application for an administrative land subdivision, signed by the applicant and the fee owner of the property, shall be submitted to the Planning Department. The application shall be accompanied by the following: a. Ten (10) full scale copies and one (1) 11" by 17" reduction of a . certificate of survey identifying the existing and proposed lot lines, as well as any existing structures on the lot and the setbacks from the current and proposed lot lines. b. The required filing fee as established by the City Council. (2) Following receipt of a complete application, the City staff will review the application for conformance with the provision of the Zoning Ordinance, the Subdivision Ordinance and all other applicable City ordinances. Page 51 1006.103 1006.104 4/27/01 (3) The City shall take action to either approve or deny an administrative subdivision and notify the applicant in writing of this decision within ten (10) business days of receipt of a completed application. (4) The decision of the staff to approve or deny an administrative land subdivision may be appealed by an affected party within five (5) days of the decision. An appeal shall be processed according to the provisions of Section 1109.300 of the Zoning Ordinance. REGISTERED LAND SURVEYS: All registered land surveys in the City shall be processed in the same manner as a combined preliminary and final plat application. In accordance with the standards set forth in the Subdivision Ordinance for combined preliminary plat and final plat applications, the Planning Commission shall first approve the arrangement, sizes and relationships of proposed tracts in such registered land surveys, and tracts to be used as easements or roads should be so indicated. Unless a recommendation and approval have been obtained from the Planning Commission and City Council respectively, in accordance with the standards set forth in the Subdivision Ordinance, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved. CONVEYANCE By METES AND BOUNDS: No division of one or more parcels in which the land conveyed is described by metes and bounds shall be recorded if the division is a subdivision, as defined by the Subdivision Ordinance. Building permits will be withheld for buildings or tracts that have been subdivided and conveyed by this method without City approval and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts. 1006.1031006.105 EXCEPTIONS: The provisions of Section 1 006.1 O~ do not apply where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred feet (500') in width for residential uses and if the land describ€ld in th€l conveyanc€l is a parc€ll of land at least five (5} acres or larger in size and having a width of at l€last three hundred fe€lt (300').for commercial and industrial uses. 1006.106 III COUNCIL RESOLUTION WAIVING REQUIREMENTS: In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply will not interfere with the purpose of this Section, the Council may waive such compliance by the adoption of a resolution to that effect and the conveyance may then be filed. Page 52 . ~ 1 1006.200 1006.201 1006.202 1006.203 4/27/01 VARIANCES, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS: FINDINGS: The Planning Commission may recommend a variance from the minimum standards of the Subdivision Ordinance (not the procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the public interestto protect and preserve the health, welfare and safety of the public and property values. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds: (1) That there are special circumstances or conditions affecting the property such that the strict application of the provisions of the Subdivision Ordinance would deprive the applicant of the reasonable use of his land. (2) That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated. (3) That the variance is to correct inequities resulting from a_n extreme physical hardship such as topography. (4) After considerations of the Planning Commission recommendations, the City Council may grant variances, subject to subsections (1), (2), and (3) immediately aboveofthis subsection. The provisions of Section 1006.201 apply only to variances to the provisions of the Subdivision Ordinance. Variances to the provisions of the Zoning Ordinance including, but not limited to, setbacks, lot area and lot width, must be processed according to the provisions of Section 1108.400 of the Zoning Ordinance. PROCEDURES: (1) Requests for a variance or appeal shall be filed with the City on an official application form provided by the City. Such application shall be accompanied by a fee as established by the City Council resolution. Such application shall also be accompanied by ten (10) copies of Page 53 1006.300 1006.301 111 4/27/01 detailed written and graphic materials necessary for the explanation of the request. (2) Upon receiving said application, the application, along with all related information, shall be referred to the City Planning Commission for a report and recommendation to the City Council. (3) The Planning Department shall set a date for a public hearing. Notice of such hearing shall be published in the official newspaper at least ten (10) days prior to said hearing, and individual property notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within five hundred feet (500') of the parcel included in the request. (4) Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within the Subdivision Ordinance. (5) The Planning Commission shall make a finding of fact and recommend such actions or conditions to the City Council relating to the request as it deems necessary to carry out the intent and purpose of the Subdivision Ordinance. (6) The City Council shall not grant a variance until it has received a report and recommendation from the Planning Commission and the City staff or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered. (7) Upon receiving the report and recommendation of the Planning Commission, the City Council shall make findings of fact and impose any conditions it considers necessary to protect the public health, safety and welfare. (8) The City Council shall decide whether to approve or deny a request for a variance or an appeal within thirty (30) days after the public hearing on said request. (9) A variance of the Subdivision Ordinance shall be by majority vote of the full City Council. VIOLATIONS AND PENALTY: PENALTY: A violation of any of the prOVlSlon of the Subdivision Ordinance E:hall be guilty of ~ a misdemeanor. Each month during which compliance is delayed shall constitute a separate offense. Page 54 . I r 1006.302 1006.303 1006.304 4/27/01 SALE OF LOTS FROM UNRECORDED PLATS: It shall be a misdemeanor to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in conformity with any plan, plat or replat of any subdivision or area located within the jurisdiction of the Subdivision Ordinance unless said plan, plat or rep1at shall have first been recorded in the Office of the Recorder of Scott County. RECEIVING OR RECORDING UNAPPROVED PLATS: It shall be unlawful for a private individual to receive or record in any public office any plans, plats of land laid out in building lots and streets, alleys or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting on or adjacent thereto, and located within the jurisdiction of the Subdivision Ordinance, unless the same shall bear thereon, by endorsement or otherwise, the approval of the City Council. MISREPRESENTATIONS: It shall be a misdemeanor for any person owning an addition or subdivision of land within the City to represent that any improvement upon any of the streets, alleys or avenues of said addition or subdivision or any sewer, water and storm sewer utility in said addition or subdivision has been constructed according to the plans and specifications approved by the City Council, or has been supervised or inspected by the City, when such improvements have not been so constructed, supervised or inspected. Page 55